T h e T e r r i e r

The Journal of ACES - The Association of Chief Estates Surveyors & Property Managers in the Public Sector VOLUME 19 - ISSUE 3 - Autumn 2014

RETIREMENT BECKONS FOR COLIN AND TIM

ACES Over ONE HUNDRED YEARS of managing PUBLIC PROPERTY for the PUBLIC GOOD Rent Reviews/Lease Renewals

Acquisition & Disposal Asset Management

Development Consultancy The Strategic Advice

Valuation Personal Rating Approach Property Management

Project & Building Consultancy Town Planning Town

Lease Expiries/Breaks

Landlord & Tenant

www.htc.uk.com

Jonathan Marwood Stuart Howell DDI: 0117 946 4547 DDI: 020 7744 3802 T h e T e r r i e r

The Journal of ACES - The Association of Chief Estates Surveyors & Property Managers in the Public Sector VOLUME 19 - iSSUE 3 - autumn 2014

Contents EDITORIAL ACES National Betty Albon ACES Council meeting - Tim Foster...... 04 Membership news - Tim Foster...... 05 Welcome to the Autumn Terrier. Presidential Conference report - Will Brown...... 06

I’m recently returned from the ACES Presidential Conference, Professional held in London and the first report is the conference DCLG policy developments - Colin Wright...... 09 write-up. Full summaries of the presentations will be in Private rented sector - Andrew Stanford...... 14 “Asset”, which will be sent electronically to all members and conference delegates. Private rented sector - Gill Marshall...... 18 Kent housing initiative - Rebecca Spore...... 20 This issue contains some linked articles on initiatives in St Albans property initiatives - Debbie White...... 21 housing, particularly in the private rented sector, and Land Transfer Protocol - Richard Baker...... 26 partnership opportunities with other providers, using public Economic Prosperity Boards - Rob Hann...... 30 sector land. This is something the government is eager to Re:FIT Framework - Robert McKinnon...... 32 encourage, as Colin explains in his summary of DCLG policy Energy Act 2011 - Andrew Warren...... 34 developments. Business incubator hubs - Kevin Joyce...... 36 There are also some interesting case studies of partnership Railway land values - Catherine Penman...... 37 initiatives from the Local Government Association – a new Community assets - Christine de Ferrars Green...... 41 organisation to write for the Terrier – and ACES members. Privilege - Milton McIntosh...... 44 We also have a useful framework for the easy transfer of land Infrastructure compensation - James Del-Mar...... 46 between public sector organisations – adopted in Wales, but Failed CPOs - Stan Edwards...... 49 a good model that could be applied anywhere. Legal snippets...... 53

There’s a bit of a legal flavour to this edition as well, with articles on compensation and privilege, plus pieces on Branches news infrastructure, energy supplies and community assets. I think Heart - Richard Allen...... 55 this just illustrates the whole range of work we have to cover North East - Duncan Blakie...... 57 in our day jobs. London - Chris Rhodes...... 58 North East prizes - John Read...... 59 And finally – the end of an era. I had to feature Tim Foster and St Stephen’s regeneration - James Cornish...... 60 Colin Bradford on the front cover. They retire at the Annual Meeting in November, after many years’ service to ACES, both in their formal roles as Secretary, Editor, photographer, data Other interest areas manager, website manager, and much more, as staunch and Suffolk Scribbler...... 62 consistent supporters of ACES organisation. And as good friends. ACES would have been a much weaker organisation without their solid commitment. We have much to thank them for. I would also say, “behind every man,….” All best wishes and thanks to Sue and Kath, who have always been there to help and support. We look forward to seeing you all at future events.

The content of these articles are not the opinions of the Editor or ACES. 3 THE TERRIER - AUTUMN 2014 ACES National

ACES COUNCIL MEETING NOTES, 22 AUGUST 2014 Tim Foster, ACES Secretary

17 members attended the meeting held Post of Secretary for development of the website and at Manchester. maintenance of the database, but retain Following the notice given by Tim internally an intelligent client. Colin Financial matters Foster to terminate his contract, Bradford has requested quotations arrangements for appointing a from IT firms with a knowledge of The Treasurer reported on the financial replacement secretary were agreed, Microsoft Access databases and this position of the Association as at 30 the rate of pay to be based on £22 per task has yet to be finalised. It was June 2014 – this is a better position hour; timesheets to be kept; salary to agreed that appointing a contractor with a smaller deficit than previously be up to £10,000 p.a.; 3-5 year contract, would be a delegated duty. anticipated, mainly due to a better than reviewed on an ongoing basis. forecast outturn for the 2013 Glasgow Modernisation Conference and better advertising There was a vote of thanks to Tim Foster revenues. Next year’s budget was in recognition of the dedication he had Council considered a progress report discussed, together with recommended given as ACES Secretary over 19 years. on establishing a regional CPD event. subscription levels, which was not to The most effective roll-out would be if increase fees for the various categories Colin Bradford the branch could administer the venue of membership for the year 2014/15. booking and ACES central co-ordinate Following the notice given by Colin the programme and speakers. It was Three year financial planning was to terminate his present contract, agreed that the initiative could begin discussed. However, the Treasurer consideration was given to the role with a half day CPD event in one of the considered that this would be of replacement of Colin’s skills. It was branches, with a view to 2 additional inappropriate at this time, because of acknowledged that a replacement events at other branches in the spring. the potential changes in administration co-ordinator for website and database costs; the outturn for the upcoming functions was essential to agree at Presidential conference conference needs to be assessed, today’s meeting. A back-up offer was together with the future involvement made by Keith Jewsbury. The President reported on current of 3Fox International and that numbers of delegates and amount company’s influence on membership, There was a vote of thanks to Colin of sponsorship attained. ACES may advertising and sponsorship levels; for all his work, much of it behind the need to consider moving slightly the impact of regional CPD events; scenes, in setting up and maintaining out of the city for subsequent and publications. Council agreed that the ACES database, and for his roles as London conferences because of the Andrew Wild, Richard Wynne and recorder and photographer at formal prohibitively high prices of central Willie Martin would look at best and events. London. worst case scenarios before the Annual Meeting. Consideration would be given “Domesday” database It was agreed that Andrew Wild, Jeremy to improved strategic planning and Pilgrim, Richard Wynne and Willie sensitivity analyses. It was acknowledged that ACES Martin hold a wash-up session after needed to secure external expertise the conference to assess all aspects of

4 THE TERRIER - AUTUMN 2014 performance of 3Fox International, and (FPS); Development and Regeneration Performance management – NaPPMI is report back to the Annual Meeting. to include Distressed Town Centres. now being organised by CIPFA

Asset Reports received were: Corporate asset management – Michael Forster agreed to take this role The editor outlined the proposed Compensation – Gary Sams is format for Asset – there will be a representing ACES at the compulsory FPS – SCALA and ACES are now the key full précis of each presentation and purchase seminar to be held by the members. Richard Wynne reported that workshops. A journal will be produced Compulsory Purchase Association FPS acknowledged the successes of in the same format as previously, but it in October at the House of Lords. ACES at conferences will be posted to all delegates, speakers There will be representatives of and ACES members and put on the the Lands Tribunal present and the Leeds University – Malc Williams website. representatives at the seminar will advised that the one-year MSc in try to get approved some of the Law strategic property asset management It is anticipated that savings will be Commission reforms proposed in 2006. is due to start in February 2015. RICS made on the costs of production, Different rules are likely to apply to HS2 accreditation is being sought. There will printing and postage. The question of compensation. Gary will report back at be a role for ACES members in tuition changing to electronic format of all the Annual Meeting groups and as assessors. The President ACES journals was briefly discussed. agreed to invite the course leader to Colin Bradford also mentioned a facility Housing – Rachel Kneale made the ACES conference. now available called ‘Print on Demand’ reference to an article in The Times and agreed to look into it. about investors buying council houses. Officers of the Association Questions were raised about the Co-ordinators and external working Right to Build “Vanguards” and local Selected ACES members were groups authorities providing ‘shovel ready’ considered for the nomination of Junior plots for self-builders; there was a Vice President. Jeremy Pilgrim was It was agreed to amalgamate some request for information on nominated charged with holding discussions with groups – Compensation to include Vanguards, rules and definitions of nominees and reporting back. Valuation; Performance Management to self-build [Ed – see DCLG article in this include Federation of Property Societies Terrier]

MEMBERSHIP Tim Foster, ACES Secretary

I list below the changes in membership between Resignations 1 July and 30 September 2014 There were 6 resignations during this period. New members approved There were 7 new applications approved during this period Richard Platt Richard Stafford Marina Mari London Borough of Waltham Forest John Stevens Simon Hughes Essex County Council Andrew Voss David Kelly London Borough of Waltham Forest David Winstanley Iain Love Glasgow City Council Martin Wright Rubina Nisar London Borough of Lambeth The membership as at 30th September 2014 now comprises Tom Putt Oxford City Council Full 222 Paul Venn London Borough of Waltham Forest Additional 73 Honorary 33 Transfer from full to past membership Past 66 No members transferred to past membership during the period Total 394

5 THE TERRIER - AUTUMN 2014 ACES PRESIDENTIAL CONFERENCE 2014, LONDON A SUMMARY OF EVENTS Will Brown

Will Brown is Estates Surveyor for St Edmundsbury Borough Council, West Suffolk Property Services.

Before I start, I would firstly like to Robert’s delivery was followed by a talk homes by 2016 and zero carbon non- thank ACES Eastern Branch for kindly from Graham Hacche, visiting fellow residential property by 2019. sponsoring me to attend this event as – National Institute for Economic and part of its initiative to see an increase in Social Research. Graham described the This initiative is being led by the attendance from younger members. after effects of the ‘Great Recession’, Juncker Commission – which has 3 key post Lehmann Bros and the global objectives: Having overcome the 5.15am wakeup change in economy and finance. He call and braved the short tube ride went on to discuss various factors 1. Competitiveness (on energy prices from Liverpool Street, I arrived at currently affecting the economy in the light of widespread fuel Grange St Paul’s Hotel bearing a dinner including low level interests rates, poverty); jacket in one hand and a sports holdall inflation levels and annual GDP growth, of clothes in the other. I was soon while asserting that a weak recovery 2. Ecological preservation (energy ushered downstairs to the conference from the recession is continuing – and climate change policy aims to registration where I was able to check although this is not ‘v’-shaped as minimise usage of fossil fuels); and in my belongings and take on board previous recession recoveries. some coffee and breakfast pastries. A 3. Energy security (in relation to the short while later, once I had introduced Graham did however emphasise volume of imported energy and myself to several fellow attendees and that there has been a loss of skills in where it is coming from). perused some of the sponsors stands, the economy as a result and there we were directed through to the Nelson has therefore been a depreciation in Andrew then went on to reiterate that Suite where we, along with all the ‘human capital’. As he described the EPCs were required when property speakers and sponsors, were welcomed impact of the retirement of the ‘baby changes ownership and that the by Andrew Wild, president of ACES. boom generation’, we were reminded rating is required to be shown in every that pre-crisis, there had been little advertisement in relation to its disposal. A brief presentation by Robert Gordon growth in the economy anyway and He also mentioned the low uptake of Clark of the LGA kicked off proceedings that we need to look at increasing funding from the poorly publicised as he discussed neighbourhood forums inflation in order to help reduce Landlord Energy Saving Allowance, and community assets (£370bn worth debt burdens and to become more while providing us with a short update nationally) – and how we should financially competitive. on the Energy Act 2011 – explaining embrace change. It was this last how the rental of F or G rated buildings point that he suggested needs to be The speaking baton was then will soon be outlawed, while tenants emphasised, given that lots of people handed over to Andrew Warren, of residential properties will be able to just don’t like change in principle. To Director of the Association for the demand improvements in relation to overcome this way of thinking, early Conservation of Energy. Andrew, low ratings by 2016 [Ed – see article in community engagement should be perhaps unsurprisingly, stressed that this Terrier]. encouraged at the beginning of any there would be changes in energy in development’s feasibility/planning the coming years, while outlining the The talk on energy was rounded stage to help iron out or remove any impact of such changes on the building up by the query of whether or not issues that the community may have at sector. A brief example of this impact there would be tax relief incentives the start of the process. is the target of achieving zero carbon to encourage ‘early movers’ or

6 THE TERRIER - AUTUMN 2014 Caption: Left to right – Andrew, Peter, Gordon, Bob, Stuart and Patrick

‘incentivisation’ of larger/better improvements than to the minimum ‘E’ grade to pass, followed by a closing quote – “the most ecologically sound, and most economical is that which you don’t have to use in the first place”.

The task then fell to Professor Jane Falkingham, Director of Centre for Population Change, to conclude the first session as she delivered an interesting presentation on the key demographic changes over the last 10 years. The salient trends in the UK population were explained to be that it is growing, aging, and becoming Peter Bennett described the recent planning permission becomes unviable, increasingly diverse with a changing trend that SME’s are now attracted to the cumulative impact of NPPF policies family formation. The statistics London rather than the large firms on competitive returns, and logistics showed that there has been a net previously – and stated that we all need of CIL contributions in lieu of actual migration since the millennium, while to adapt and change - although he affordable housing provisions. it was suggested that there is also asked whether or not we (the property an improved life expectancy as the sector) were changing sufficiently The change of tenure of affordable ‘baby-boom’ generation retires. It was quickly to meet the change in demand. housing in relation to value/increase interesting to note that there has been in profit was also discussed, while the both a growth in ‘childlessness’ and in Patrick McAllister referred to the decline in reliance upon benchmark larger families. growing use of viability tools amid site values was mentioned in favour of claims of ‘commercial confidentiality’ more accurate site specific appraisals – Finally, Professor Falkingham described and the need for transparency, while suggesting that benchmark values be the effects of the ‘Boomerang questioning whether or not energy- used for cross-referencing only. Finally, Generation’ – where children have left efficiency labelling is affecting the it was stated that reviews of viability – home only to return as a result of a saleability of property. Bob Thompson and appeals where necessary – can be relationship ending or the completion discussed product life-cycles and taken part way through a development of further education. It was also technology in real estate – using to show lack of viability with respect to explained that there are various factors elements of the Shard as a case study, CIL and s106 even once a scheme has associated with leaving home including with other topics of discussion covering started. gender, age, household income, living PFIs (private finance initiatives), outside of London and the parental s106 contributions in relation to My second workshop saw me visit family structure. development activity levels, and how the Shakespeare Suite to see the we should ‘move with the times’ in Housing presentation. Presented After the coffee break, where further terms of businesses designing space by Pat Hayes and Wendy Stokes of networking and discussions had taken according to the workforce. Ealing Council, an explanation was place, we returned to the Nelson Suite given of their regeneration project for a ‘Question Time’ style panel, to Following the panel’s conclusion, the of underdeveloped local authority discuss ‘The Future of Property’, the delegates descended, well ascended land, whereby various properties board consisting of Stuart Ladds (Head, to be correct, upon the Novello previously sold under the right to buy National Property Controls, GPU), restaurant where we were treated to an scheme were bought back at market Peter Bennett (City surveyor, City of expansive hot and cold, 2-course buffet level in order to allow larger scale London Corporation), Patrick McAllister lunch, providing much appreciated redevelopment of such areas. The (Professor of Real estate, UCL), and Bob sustenance before the afternoon purpose of such schemes was twin Thompson (Director, Remit Consulting). workshops. edged – the redevelopment majorly enhanced the appearance of the It was noted that various public After the dénouement, we returned ‘council estate’ feel, while providing sector bodies had signed service level to the conference level where we much needed additional affordable agreements with One Public Estate attended our pre-chosen workshops housing. It was explained that this – a “pioneering initiative designed to – the first of which for me was on scheme became justifiable given the facilitate and enable local authorities Planning, presented by Stephen Milner high land values combined with the to work successfully with central (Head of Development and Viability, high demand for housing. government and local agencies on VOA). Hot topics in this workshop public property and land issues included a discussion on viability, in After Pat’s overview, Wendy explained through sharing and collaboration”. particular when development land with a little about the mechanics of how the 7 THE TERRIER - AUTUMN 2014 council had set up a separate company to provide affordable housing whereby the council retained 100% of the shares. By doing this, the new company removes any RTB commitments while allowing them to regenerate run-down housing. Wendy did reiterate that although the company is owned by the council, they can’t actually be seen to be getting any preferable benefit (State Aid)! Q&A panel on the importance of with an impressive array of canapés, asset managers, comprising Brian the delegates re-entered the hotel and The final workshop that I attended was Reynolds (LGA), Martin Farrington headed downstairs to the Dickens Suite presented by John Jones (National (Director of City Development, Leeds for the gala dinner, where we were Senior Director, GVA), with further input City Council), Martin Reeves (Chief greeted with a drink while we found from Benjamin Moorhouse (GVA) and Executive, Coventry City Council) our way to our designated seats. The John Wood (The Other Retail Group) and Eleanor Kelly (Chief Executive, superb 3 course meal was followed by on the topic of Asset Management and Southwark Council). An interesting the after-dinner entertainment, an a Valuation. Here, we were told how debate ensued where numerous points cappella female quartet known as The most authorities had now exhausted of view were portrayed. Noting the Aperitifs, before the evening guests most of their ways of reducing the cost comments from the panel, I would withdrew to the bar for the remainder base and that we should now consider suggest that, of course there is still a of the night. regeneration and growth, service strong requirement for asset managers delivery and operational quality and – taking on board the comment that if The following morning we reassembled efficiency. you have a particular need you go to once again for coffee and pastries the member of staff who can deliver the before returning to the Nelson Suite It was suggested that a number of desired result, regardless of their role for the President’s welcome by Andrew factors should be considered with – however I believe it is essential that, Wild. Once the scene for the day had regard to keeping on top of the where property is involved, the correct been set, Andrew handed over to valuation of assets including: an people with the right knowledge and Peter Schofield (Director General for increase in investor appetite, condition skillsets are involved throughout any the Neighbourhoods Group, DCLG) to of stock, service charge allowance, process. provide an update on ‘What is in the location of property, tenant covenant, Pipeline’. lease length, and planning flexibility. It The captivating Q&A session was was also recommended that tenancy followed by the day’s closing remarks Peter’s opening comments echoed schedules are updated frequently, – an amusing anecdotal conclusion, the sentiments of Robert Clark from including in them information such given by Mark Boleat, (Chairman the previous day regarding embracing as rental levels, break options, rent of Policy and Resource Committee, change. He suggested that 3 main reviews and lease end dates. City of London Corporation), and elements should be at the forefront of closed succinctly by ACES President estates managers’ minds throughout Finally, it was mentioned that rates Andrew Wild, before we collected our their day play a massive part in retail premises belongings and headed off to the occupation – they drive down rent health suite to change for the evening’s 1. effective use of land and property and stifle tenancies as a significant black tie event. assets; additional cost to tenants. It is prudent therefore that those who look after After a champagne rooftop reception 2. effective estate management; and assets have a vision, understand the requirements of both the landlords and tenants, and have a plan to deliver the vision. This concluded the workshop session for me, before we were ushered towards the reception area for the afternoon refreshments.

[Ed – other parallel workshops were on a legal update, BIM, and schools provision. Full notes will appear in Asset].

Following the tea break, the final session of the day took place – a

8 THE TERRIER - AUTUMN 2014 3. seize opportunities to lead change Manager, GPU), detailing the specifics that, save for a few varied terms, the locally. of a case study at 21 Bloomsbury Street global standards are vastly similar to which saw 7 government agencies the UK standards, emphasising strongly He continued to explain how economic relocate their HQs to a newly renovated the importance of a unified global and fiscal challenges require innovation 80,000 sq.ft property, releasing 8 standard. and new ways of working in order properties back to the open market to be overcome effectively but that and saving the taxpayer £60m in the The conference was closed by an the government estate can provide a process. The process involved estate address from ACES President, thanking source of funding to boost housing and rationalisation, modernisation and all of the speakers, sponsors and event drive growth (including an initiative to growth in equal measure to deliver organisers 3Fox International for release land for 100,000 homes). more integrated and customer focused arranging such a seamless experience services. Malcolm and his team had – a sentiment shared, I’m sure, by It was mentioned that councils could won the ACES Award for Excellence all of us delegates in attendance. A be challenged to use existing stock 2013 with this successful project. second hot and cold buffet – again in a more commercial way and that suitably delicious – succeeded the final land and asset audits should be Jamie Kerr (Head of Station address before we said our goodbyes undertaken to identify suitable land. Regeneration Company Development, and began our journeys home for the Such land could include garage sites, HS2) followed with an update on weekend. more densely developing existing High Speed Rail 2 – highlighting sites, relocating public services to high the benefits that will be brought to Speaking for myself, I can say that streets (increasing footfall to other various regions of the UK, coupled I thoroughly enjoyed the whole businesses), and using adjacent land with estimated timescales of delivery, conference which I found to be an owned by different public services in perceived difficulties and how they informative, relevant and captivating order to create better opportunities can be overcome. This delivery was selection of presentations, delivered with joined up teams. followed by the final presentation of with due guile from the requisite the day – another update, this time on speakers – and therefore I must thank Peter’s talk was aptly followed by a RICS global measurement standards, (again) ACES Eastern Branch for its presentation on Estate Rationalisation presented by Johnny Dunford (Global sponsorship. by Malcolm Sutherland (Senior Commercial Property Director, RICS). Manager, GPU), Anne Parker (London To summarise a both interesting Strategic Property Adviser, GPU) and and educational presentation in one Murray Quinney (Regional Property sentence, it was broadly suggested

Professional

DCLG POLICY – LATEST DEVELOPMENTS

Colin Wright BSc (Hons) MRICS

Colin is the Deputy Chief Estates Specialist at the Department for Communities & Local Government. Prior to joining central government he had previously worked in both private sector consultancy and local authority sectors. His team in DCLG leads on the provision of professional property advice and support on the development of government policy on housing, regeneration and local authority assets. [email protected]

In line with the ACES new ways of At the last ACES/DCLG working information through this journal. working with DCLG, Colin gives an group in July, and as reported in the While policy colleagues will continue update of 3 recent government Summer Terrier, we agreed new ways to provide separate articles detailing initiatives. of working with ACES that included significant DCLG policy developments the commitment to disseminate more and providing case studies, in addition 9 THE TERRIER - AUTUMN 2014 we also hope to provide a regular DCLG being used effectively; identifying any and work to improve local asset policy update covering areas that are of untapped opportunities to sell land, management of high value vacant relevance and hopefully of interest to vacating expensive land currently social housing properties is taking ACES members. occupied and reinvesting savings into place. Under these plans, local residents front line public services. will be able to see the number and For this article we discuss the latest value of properties held by councils, developments in 3 policy areas which Equally important is the opportunity challenging them on the best use of help address the DCLG objective of to drive growth. Government has their stock. helping people to have a home of their often been complacent and inactive, own, in this instance by doing more accepting the footprint it has inherited. Working across Boundaries with public sector land; diversifying But land availability is critical to supply; and through exploring the vital housing supply and new economic To achieve the full potential of the role that local authorities can play. growth. Underused land needs to be central and local estate we cannot identified and released, and land that is work in silos. There is considerable To start with we look at public sector retained put to more intensive use. opportunity to share local assets, land and the key role this plays in the make savings and release the most provision of housing supply. This is a What is DCLG doing to meet these developable sites to the market. follow up from the keynote address to challenges? the ACES Conference on 12 September One example of where joint working given by Peter Schofield, Director Like other departments across is being put into practice is the One General of Neighbourhoods at DCLG government, DCLG is reducing its Government Estate Programme. The and my thanks to DCLG colleague footprint. This summer the department programme is about having a shared Nicola Lowis from the Public Sector moved out of Eland House in Victoria strategy across the public sector for Land Team for providing the following: and into shared office space, working the use of land and property; freeing with the Home Office. Moving to a up land to support new homes, Public sector land purpose-designed office block has new businesses and jobs as well as encouraged more flexible working providing receipts and savings to be There are currently 2 big challenges across organisational boundaries and reinvested in local services. facing central and local government: will save the department £9m each year. Putting different parts of government ll The economic challenge – despite – local and national – together on a recent good news on the economy, DCLG also led a cross government single site can encourage coordination how do we see a return to long programme to release surplus between service providers and provide term, sustainable economic growth government land with capacity for a better service to local people. For across the country? and 100,000 homes by April 2015. The example, placing services on high programme covers the entire central streets can increase footfall and create ll The fiscal challenge – with austerity government sector. By June this year, a more vibrant town centre; land can likely to continue for many years land with capacity for 80,000 much be freed up for new housing; and new to come, how does government, needed homes has been released. Since health and leisure facilities can be at every level, provide the quality May 2010 £1.5bn has been raised in built. These benefits sit alongside the public services that people expect? sales of freehold properties. In that time financial benefits that can be realised, over 1,600 buildings have been freed cutting capital receipts and reducing In responding to these challenges all up and the central estate has reduced operating costs. of the public sector needs to identify by over 2m sq m. ways to innovate and explore new ways There are a number of examples of of working – including both across Between 2015 and 2020 Cabinet Office where excellent estate management internal and local/central boundaries. has already identified the opportunity and cross boundary working is Nowhere is this more relevant than in to raise £5bn from land and property already taking place and delivering the way government uses its land and across government. The challenge is to real benefits to local residents. The property assets. make sure that this is released in a way partnership working in Tate Knowle, which can support growth. Staines is a great example of local Why does the government estate authority and central government matter? Working with local government departments working together to deliver local benefit. But more needs to The levels of grant funding seen in the DCLG also helps to support change in be done to make sure even more local past cannot be expected to continue the local government sector. Over the benefits are realised. in the future, and government must summer, a consultation on proposals explore how its estate can act as to increase local transparency in the The whole of government must play a source of funding. This includes size and value of local authorities’ its part. Though central government examining whether the asset base is social housing assets was conducted, cannot prescribe the right solutions

10 THE TERRIER - AUTUMN 2014 across the country, it can create a policy themselves) or custom build (where To inform the implementation of the framework that will support and drive they may work with a specialist Right we have commissioned 11 Right change. The opportunity is to work developer to commission and build to Build vanguard local authorities. The across government boundaries and their home). Both routes can be an vanguards will voluntarily test out how utilise the valuable local knowledge affordable route to home ownership this new policy could be framed. These developed by local level estate teams. and an opportunity to own a bespoke local planning authorities will pioneer and sustainably designed, high quality the Right to Build in their local areas. Embracing new ways of working, home, while also helping support The lessons learnt by the vanguards innovating further and working across local economies and diversifying the in establishing and monitoring government boundaries at every level, house building industry. However, registers and bringing forward land we all have the opportunity to deliver one of the biggest barriers holding to meet demand will be integral to change which supports our local back the expansion of this sector is the designing and shaping many practical economies and helps fund the services availability of suitable building plots. elements of the Right. The vanguards people rely on. For more information were announced by Planning and please contact: publicsectorlandteam@ What is the Right to Build? Housing Minister Brandon Lewis on 30 communities.gsi.gov.uk September and will receive funding to The Right to Build aims to tackle this support them in the vanguard process. The Right to Build - unlocking barrier, making it easier for prospective the growth potential of the custom builders to build their own Vanguard highlights: custom build housing sector home and make this form of house building a mainstream option for future ll Cherwell – who will receive £90,000 The government also sees diversity home owners. and is committed to deliver 2,000 of supply as an important part of custom-build homes over the next stimulating housing growth. The The aim of Right to Build is to give 10 years developing Right to Build policy, prospective custom builders the discussed at the ACES/DCLG working opportunity to purchase suitable ll South Cambridgeshire Council, group in the summer and introduced in shovel-ready plots of land so they can who will receive £50,000 and will the Summer Terrier, demonstrates how get their projects off the ground. bring forward at least 100 plots of local authorities can play a key role in land for custom builders and to be- this objective. The next section of this To develop the Right we will: gin selling land from January 2015; article provides further detail on the policy and confirms the authorities that ll Consult on the Right to Build this ll Teignbridge Council, who will will be acting as vanguards to test the autumn; receive £100,000 and will be model in practice. implementing a ground breaking ll Work with a number of Right to ‘5% self-build’ policy in its newly Many people will tune into self-build TV Build Vanguard areas to test criti- adopted Local Plan; programmes, yet how many can turn cal elements of the Right. building a house of their dreams into ll Shropshire County Council, who a reality? Research by Ipsos MORI has The Right to Build consultation will receive £10,200 to bring for- shown that over one million people are ward 6 hectares of land by linking looking seriously at building a home Budget 2014 announced that the with Stoke Council and local social for themselves in the next 12 months, government “would consult on a new landlords to find suitable plots for yet when compared with our European Right to Build to give prospective interested self-builders; self-build neighbours, where more custom builders a right to a plot from than half of new homes are self-built councils” to improve the availability ll Oldham Metropolitan Borough or commissioned by the home owner, of suitable, serviced plots of land for Council, who will receive £15,000 England lags far behind. For too long custom build. to begin bringing land forward custom build homes have been seen as for sale in autumn 2014 by using an option only for a privileged few. But The consultation will be published in formerly-developed council-owned in many other European countries, they the autumn and looks to develop the land to support aspiring self-build- form an important way of building new Right and put in place the foundations ers in the area; homes for households right across the for implementation. social spectrum. ll West Lindsey District Council, who The Right to Build Vanguards will receive £5,000 to make self- Custom and self-build housing is build plots available on previous- where prospective home owners Budget also announced that a small ly-developed public sector land in choose to have some say in the design number of Vanguards were to be the area; of their home. Whether this be the identified to test how the “Right to self-build route (where self-builders Build” model would work in practice. ll Exmoor and Dartmoor National tend to design and build their house Park Authorities, who will receive 11 THE TERRIER - AUTUMN 2014 £28,000 to explore how local DCLG Large Sites team, for providing Further information about the Fund self-builders can be helped while the following. can be found at https://www.gov.uk/ protecting important countryside; government/collections/builders- Since the banking crisis, banks and finance-fund ll Pendle Council, who will receive lenders have continued to withdraw from £46,000 to deliver self-build plots the housing sector and access to finance ACES members have made a valuable in the area and explore how this remains a significant stumbling block. contribution to the development could be used to further deliver of DCLG policies in the past and affordable homes; We understand the difficulties small this article has aimed to build on builders in particular face in trying to that relationship through providing ll Sheffield City Council, who will access development finance to help more information on current policy receive just under £100,000 to progress housing schemes. In 2013, developments. If you would like any further deliver over 800 self-build 80% of members of the Federation further details on the policies covered sites, and look to support groups of Master Builders cited current above, please feel free to use the planning their own custom builds; lending conditions as a constraint to contact e-mail addresses provided. development. Alternatively if you have any more ll South Norfolk District Council, who general comments on this article, will receive £25,000 to work with We are determined to get the including policy areas you might like Saffron Housing Association in the country building and help large to see covered in the future, you can area to deliver 40-60 custom build and small construction firms to get either contact me directly using the plots and; their developments back on track. e-mail address at the top, or through The Builders Finance Fund aims to Betty Albon as one of our main points ll Stoke-on-Trent City Council, who address these financial constraints by of liaison with ACES. will bring forward 72 hectares of providing recoverable investment to land for local self-builders in the support the development of locally- area. led fundamentally viable housing sites between 15 – 250 units in size. The The Right to Build Private Member’s Bill Builders Finance Fund will provide the much needed development finance for This new measure is in line with small sites, benefiting smaller/medium proposals included in a Private sized builders and supporting the Member’s Bill currently going through construction of new homes. Parliament by MP for South Norfolk, Richard Bacon, which would place a We have recently shortlisted 165 small duty on local councils to keep a register housing schemes across the country to of individuals who have expressed an be considered for the Fund. The bidding interest in finding land for their self- for the Fund has now closed but the build projects. Homes and Communities Agency will be re-opening its engagement with the Where next? market and inviting schemes to come forward for the Fund over the next We will use the responses to the few months, on a continuous market consultation and the lessons learned engagement basis. This will help to from the vanguards to develop out bring forward other schemes which Right to Build proposals further. were not quite ready for this round of bidding but which offer a valuable For more information on the Right contribution to meeting local housing to Build, please contact the team by need and give further opportunities to e-mailing righttobuildvanguards@ house builders and SMEs to meet their communities.gsi.gov.uk and thank you development aspirations. to Hannah Scott in DCLG Planning for providing the above text. If you are aware of any potentially good schemes then please contact Builders Finance Fund the Homes and Communities Agency on 0300 1234 500, email Finally we turn focus on boosting [email protected]. development of local small-medium uk or visit its website http://www. sites through the Builders Finance homesandcommunities.co.uk Fund and with thanks to Daniel Bridger,

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This article is an update on his presentation to ACES Presidential Conference in September 2013, held Andrew Stanford BSc Hons MRICS FIRPM in Glasgow. He explains how large investors are increasingly entering the market with schemes, and that a Andrew was appointed Head of the Private Rented Sector Taskforce at the Department number of local authorities are rising for Communities and Local Government in April 2013. He has over 20 years’ to the challenge to facilitate this experience in residential asset management, valuation and investment agency. He important housing sector. Andrew is managing director and owner of Stanford Mallinson, which provides chartered exhorts more to take the “fantastic surveying, property consulting and residential investment agency services to public, opportunity to increase tenant choice private and third sector clients. He is a non-executive board member of Orbit Group, and housing supply”. The previous one of the country’s largest housing associations. [email protected]. paper can be found in Asset 2013. uk [email protected]

The private rented sector is now the publication of a How to Rent longer tenancies and an industry Code England’s second largest housing Guide, a Model Tenancy Agreement of Practice on letting and property tenure. 2012-2013 saw the number of which tenants can use to request management. English households renting privately overtake households living within social housing for the first time since the mid 1960s. There are now 4m households living in the private rented sector (18% of all households) whereas 3.7m (16.8%) live in social housing.

The UK government is looking to increase housing supply across all tenures to fix the broken housing market. The private rented sector is dominated by small-scale landlords. 10% of these landlords, the majority of whom are good landlords, own between 1-4 properties. It is very much a cottage industry.

By increasing housing supply, many new small-scale landlords will emerge and through a number of measures, the government wants to ensure that there are more good landlords. These include

14 THE TERRIER - AUTUMN 2014 Figure 2 – Hub/M&G Real Estate Build to Rent housing scheme north Acton But it also wants to increase tenant choice are taking note. Analysing data from and accelerate housing supply in the trusted sources, such as the Investment private rented sector via Build to Rent. Property Databank, institutions are concluding that the private rented Build to Rent is the large-scale sector offers excellent opportunities for development of flats and/or houses long-term investment. designed for market rental and held by institutional type investors over The private rented sector has low the long-term. It is by no means a new volatility compared to other asset phenomenon. We used to build a lot classes, including equities and of it in the 1930s and 1940s. These commercial property. It has really purpose-built schemes were owned by good liability matching credentials, large-scale institutional investors such particularly for pension funds. Its as the Prudential and Friends Provident. performance is lowly correlated They left the sector en-masse when to other asset classes and, as a rent controls and security of tenure consequence, it offers a good were introduced in the 1960s. diversification of risk.

Over the last decade or so, we have In the early days of the Taskforce, been building a lot of it again but only Martin Moore, then Chairman of aspirations to invest in excess of in the form of purpose-built student PRUPIM (now M&G Real Estate) £10bn in build to rent. These include accommodation. Much of that is owned described the private rented sector a regionally focused joint venture by institutional investors once more. as being at a “tipping point”. “The between Sigma Capital/Gatehouse It is estimated by CBRE that this sector journey from niche to mainstream is Bank to provide up to 6,600 build to is now worth an estimated £15bn, just beginning” he noted, as PRUPIM rent homes (mainly houses) at a total excluding university owned halls of powered back into the market, buying cost up to £700m, initially in Liverpool residence. 434 rented homes from Berkeley Group and Salford. in a £105m deal partially funded by It is not therefore a giant leap to make the Homes and Communities Agency. Essential Living/M3 Capital aims to from the establishment of a purpose Since then, led by fund manager Alex build 5,000 homes for rent within built student accommodation market Greaves, they have completed their first London on behalf of a North American to a Build to Rent market. But it does forward funding deal for a specifically pension fund and has 7 schemes in need local and national government designed for rental scheme by Hub for the pipeline. Thames Valley Housing support to be rejuvenated. 152 flats in north Acton. They are keen Association has secured £200m of to do more. equity from the Abu Dhabi Investment Having determined in the 2012 Authority for its Fizzy Living brand, Montague Review that there was Other funds have followed suit. Invesco, which aims to own more than 1,000 an appetite among institutional led by residential fund manager John rental homes in London. investors for Build to Rent investment, German, on behalf of a local authority the government introduced the pension fund has forward funded the There are many other parties actively innovative and recoverable investment development by Be:Here of a new 118 pursuing large-scale private rented programmes of the £1bn Build to Rent home build to rent scheme in Hayes, sector investments throughout the fund and the £3.5bn Private Rented West London. country and the Taskforce continues to Sector Housing Debt Guarantees engage with them. Scheme (with a further £3bn in In total, the Taskforce has unearthed reserve). Both of these initiatives have been supported by the Private Rented Sector Taskforce, which was charged Figure 3: Invesco/Be:Here Build to with kick-starting Build to Rent. Rent Scheme in Hayes, West London

Build to Rent demand

It is not just tenant demand for the private rented sector that has strengthened. As government support for Build to Rent has increased since the announcement of the Montague Review, so too has demand from institutional investors wanting to invest. It is not surprising that institutions 15 THE TERRIER - AUTUMN 2014 £8.8m of build to rent funding. power to use the National Planning Policy Framework and s106 agreements The Private Rented Sector Housing Debt to support private rented sector Guarantees Scheme offers investors development. Recent revisions to guarantees, using the government’s planning guidance, supported by fiscal credibility, to reduce the cost of the Taskforce, recognise the private investing in new build private rented rented sector as an asset class. Local sector accommodation across the UK. authorities should recognise the Figure 4: CS Capital Partners 192 home The government is already progressing importance of private rented housing Three Towers refurbishment scheme in discussions with bidders capable of when addressing local housing need. Ancoats, Manchester accessing the bond market directly. A delivery partner will also be ready to A first tranche of 84 local authorities Build to Rent supply do business in the new year with any were highlighted by the Taskforce borrower with a project above £10m. as having large-scale market rental Clearly it is not enough for there to housing investment locations. We be demand from institutions – there Local authority support for have been engaging with these local also has to be something to invest in. Build to Rent authorities to promote the private That is why the second frontline in the rented sector; but we hope that this Taskforce’s work is to expand the supply Just as these policies are making it is just a seed that will germinate into of Build to Rent housing schemes. financially easier to invest, the Taskforce much broader support for build to rent is also working to ensure that the going forward. By leveraging the £1bn Build to Rent development environment is suitable fund, which provides development for build to rent projects. Key to To date, we have identified 29 local phase finance to large-scale private successful large-scale development - for authorities who are supportive of build rented sector projects, the aim is to developers, investors and communities to rent. They include Croydon which create a stock of up to 10,000 new alike - is the role of local authorities; is backing build to rent by converting homes for private rent in which investors and there are many reasons why local its own offices with just under £20m of can invest and thereby demonstrate authorities should seek to promote build to rent round one funding into the viability of developing and these schemes. 216 private rented sector homes which investing in large-scale private rented will ultimately be owned by Essential sector schemes. The Fund was 4 times On the most basic level, private rented Living/M3 Capital. Build to rent will oversubscribed and 11 projects are sector housing can help meet local clearly play a part in its drive to build already under contract for more than demand for rented accommodation. 9,500 homes over the next 5 years. £150m of finance for around 2,000 new However, developing the sector can homes. Examples include CS Capital also help meet housing supply more Derby City Council is keen to use build Partners 192 home Three Towers broadly. It can bring forward stalled to rent to help rejuvenate its city centre refurbishment scheme in Ancoats, sites and accelerate the speed with and it is seeking key partners to invest Manchester funded with just under £8m which multiple phased large housing and develop in key sites under their of build to rent investment. A Bovis/ schemes can be delivered. And it can City Living initiative. It is a potentially Mill Group joint venture is to build 190 create new housing communities, exciting opportunity for build to rent homes for rent in 6 areas including owned by long-term investors with a investors having the highest gross Bristol, Southampton and Horsham with clear interest in creating a sustainable income by workplace of any UK city community, helping to drive out rogue outside London. landlords and increase quality and choice for all kinds of local households. In South Cambridgeshire, Urban and Civic has secured the development There are also economic benefits for partner mandate for the Waterbeach the local authority – construction Barracks scheme with plans to turn helps to stimulate economic growth, the base into one of the country’s employment and labour mobility largest private rental housing schemes. and, just as they offer investment Wandsworth Council has recently opportunities broadly, large-scale granted planning permission for a 114 private rented sector developments home build to rent scheme within a 500 offer opportunities for local authorities home development by Bellway Homes to invest. It can also generate income in the Nine Elms regeneration area in and/or capital receipts from local Battersea. Manchester City Council authority owned land, new homes has teamed up with Abu Dhabi United bonus and Council Tax receipts. Group to back an 830-home build to Figure 5 An example of the housing rent scheme to regenerate Ancoats and being developed by Bovis/Mill Group Ultimately, local authorities have the New Islington in Manchester.

16 THE TERRIER - AUTUMN 2014 Increasing standards We want to promote this same culture and long-term investment. We have and considerations within the UK. already seen a strong response from This is not to say that planning and the market and are encouraged to see valuation for the private rented sector By facilitating guidance, such as the the number of private rented sector cannot be improved. There is significant Urban Land Institute’s Build to Rent Best projects that are proceeding without scope for work to increase the quality Practice Guide, we hope to encourage government finance. We estimate and availability of information about further thinking about quality and that there are at least 2,500 homes to the private rented sector and the innovation in the sector, but also to be built specifically for rent without Taskforce is working closely with the help provide tools that those with an government support. property industry on technical aspects interest in the private rented sector including valuation, planning viability can use. We also supported the recent We are also working with partners and house-builder returns. This work publication of the RICS information to develop university modules and is closely related to the third strand of paper on valuing modern residential courses on private rent to ensure that the Taskforce’s work – work to improve property designed to be rented, which we cultivate and conserve as much standards. will help valuers and their clients specialist knowledge about the private commissioning valuations of these rented sector as possible. Certainly one of the most compelling schemes. arguments in favour of supporting But the biggest legacy we can leave private rented sector development Taskforce legacy is for local authorities to support the is that increasing supply increases development of build to rent schemes competition and with increasing The final strand of the Taskforce’s work of the future. Without this continued competition we expect to see improved – legacy – recognises that the term of support, the momentum that the quality and choice. Yet equally, one the Taskforce is relatively short. Our Taskforce has helped to build within of the key reasons that the build to work is currently anticipated to draw to the sector will wither and a fantastic rent multi-family model has been so a close in March 2015. opportunity to increase tenant choice successful in the US and Germany is and housing supply will have been that developers have invested time and One area of focus is the encouragement lost. If you or your colleagues want to thought into how to create spaces and of new financiers into the market to support the establishment of this new communities that people want to live in. support future build to rent schemes housing sector, do please get in touch.

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17 THE TERRIER - AUTUMN 2014 SAY ‘YES YES YES’ TO PRS

Gill Marshall

Gill Marshall is head of operations at UK Regeneration (UKR) and has worked in the inward investment sector for more than 25 years - the first dozen spent at the London Docklands Development Corporation (LDDC) working with foreign and UK investors. In 1998 Gill was recruited by London First to set up Docklands East London, a private UKR’s regeneration project in Lenton, sector led partnership tasked with continuing to secure investment in east London; its Nottingham and its revolutionary funders including Canary Wharf Group, London City Airport and Tate & Lyle. concepts have been featured a couple of times in Terriers, following In 2001 Gill and her team moved to Gateway to London, the investment agency for Jackie’s presentation at ACES Spring the London Thames Gateway. As Deputy Chief Executive in charge of operations, she Conference in Barnsley in 2012. “UKR delivered a full investment service for the region resulting in the creation and retention is leading the practical application of over 10,000 jobs in east London. of all the theory surrounding the PRS (private rental sector), with Gill joined UKR 3 years ago and manages the UKR Business Forum, heads the pioneering work in the Midlands. The community relations for the Nottingham ‘Sandfields’ project, and develops the ‘Club re-emergence of inflated house prices UKR’ proposition. Gill is heading the UKR operation while Chief Executive, Jackie plays into - and strengthens - the Sadek, takes a one year secondment to act as policy advisor to Greg Clark, Minister for sector’s hands.” Cities. [email protected]

Rising house prices – they’re not going The good news is that the PRS is on the will come from new housing stock, it is away, are they? Just when you thought up as well, now accounting for around there that we have to focus. And it is it was safe to re-enter the choppy 4m households in England. But of there that the government is focussing. waters of mortgages and gazumping, course PRS is not really a ‘sector’ in the here comes Savills’ latest prediction strict sense of the term. It’s more an I don’t need to go into detail about that the average house price will rise amalgamation of piecemeal properties what’s wrong with turning the existing more than 25% by the end of 2018. held in small portfolios by independent housing stock into PRS properties, landlords – the majority owning fewer do I? Small bedrooms, not enough And as the latest round of terrifying than 10 properties. bathrooms, poor finishing, little price rises are reported, we also clock storage…in fact, no compelling the fact that the number of homes But I have a problem with all this. This ‘narrative’. actually occupied by their owners is on growth in the PRS is not fuelled by new the decrease – so obviously the PRS is homes. It’s not fuelled by homes being The PRS is not telling its story well on the rise, just not in a co-ordinated designed and built with the tenant enough or loudly enough to make way that is designed to actually meet in mind – the growth is coming from itself really attractive to the consumer. the needs of the people living in these homes that were designed as one thing There is no synchronised brand, no set homes. being knocked about and rented out of values that the tenant can see and as another thing. The homes that are identify. This is because too much of And don’t get me started on decades underpinning the PRS’s growth are, in the PRS is last-minute, thrown together of under-investment in new housing fact, often carved out of bigger and and badly thought-out. stock. better homes. There are so many levels that the PRS So at what point do we, as a nation, say But given the fact that anyone and has to address genuinely to raise itself ‘enough is enough’? My belief is that everyone involved in housing, in from the current ‘it will have to do’ we have already said it, but not loudly redevelopment, in cities and in urban sector to being a desirable, honourable enough. life per se understands that real growth and even status-driven offer that is

18 THE TERRIER - AUTUMN 2014 seen in other European countries. We and an offer so attractive that for the can satisfy the needs of city councils need to stop recycling houses into people who ‘get it’, the PRS will feel like UK-wide. pokey flats, we need to work with home and they will choose to stay. the tenant – the customer – and we What about the government need to think afresh about what we’re And that’s a key ingredient. We’re not in all this? delivering long-term. talking about ‘somewhere to rent’ but ‘somewhere to live’. We’re talking about The government is actively supporting This means high spec housing that people feeling at home. a bigger and better private rented people choose to live in, rather than see sector. The government recognises as a fall back for when they can’t get a Let’s talk about money the need for homes and the need for mortgage. This means bigger rooms, a properly-planned, financially sound better storage, more bathrooms. This One of the factors holding the PRS back PRS. So the Build to Rent Fund has means better places to live. is money. If it is so easy to build and reached £1bn so far, coupled with the sell then of course developers will do £3.5bn Private Rented Sector Housing And this also means we need that. Except that they’re not. Guarantee Scheme. developers who have vision, insight and commitment to building a brand so that Institutions see that the build for rent And this only helps to boost the their tenant is a willing tenant, someone movement is not as straightforward as confidence of the financial institutions who’ll seek out their properties build for sale. There are always ongoing looking to get involved. The aim is not wherever they move in the UK. costs in PRS. But – and it’s a big but – just to deliver numbers, but to deliver this is where the demand is, as people quality. To deliver proper, desirable Why? Because not only are they well- want more and more to rent a home homes that contributes to the fabric of built and properly designed, they come that someone else will maintain; as city living in general. with the things that we all expect in people want to be rid of the mortgage life nowadays: properly serviced, fully- albatross. People want flexibility in In turn this boosts a city’s status and functional, places to live with a team where and how they live. that, in turn, brings greater inward behind them that is involved in where investment to the region. Put into that and how the tenant lives. So the enlightened finance houses context, it is not surprising that PRS are working closely with the PRS is such a prominent factor within the UKR is clear about this. We have developers. They’re talking big development strategies of all the UK’s plans to help tenants find the best numbers in terms of investments and main cities. deals locally or who the region’s best housing units. They’re talking long- employers are. In fact, when UKR goes term and ‘slow money’, with PRS being And this is why the PRS is poised to into a town or city we work with the a new asset class. And they’re talking become such a dominant player in the best employers, in a 2-way relationship big assets. entire housing market. It reaches into whereby we can develop what their the needs of so many individuals, so staff need and their staff can have This dialogue is mirrored by the many families, so many local authorities access to our properties. People in conversation between developers and investors and right to the heart of UKR homes will cross-pollinate their and planners. Investors need to know government. work ideas and build communities that that the homes receiving planning are inter-connected. We’re actually permission still hold the potential for developing communities, rather than returns. There has to be a balance, but pockets of reluctant tenants. with the strength of the PRS demand and the growing obligation on councils But because people want and need to encourage developments mean flexibility in their rental agreements, that the ‘win win’ relationship between because so many people now are on tenant, investor, developer and local short-term work contracts, UKR homes authority is gaining momentum. will have agreements that can be transferred from city to city. If the UKR The truth is that the councils hold the brand is attractive, then they’ll want to key. This is why UKR has developed stay with us. such close links with councils in Nottingham, Derby and elsewhere. This The new breed of landlord/developer has to be a partnership. UKR has to understands that ‘they will stay with develop homes that people will cherish us’ can mean ‘forever’. We’re not just but the council needs homes in large talking about the young professional numbers. So, again, the correct balance waiting to get their first foot on the has to be struck. property-owning ladder. We’re talking about developing a brand so strong With an open and clear dialogue, PRS 19 THE TERRIER - AUTUMN 2014 KENT COUNTY COUNCIL HOUSING INITIATIVE

Rebecca Spore

This initiative illustrates one way authorities to outline the advantages of Kent County Council’s leader, Paul that the local authority can work in granting planning permission on these Carter commented: “This is just the partnership to develop challenging sites, which were on the edge of built kind of deal that is needed. Through an sites and provide much-needed development areas in their respective innovative land transfer, 152 new homes housing. localities. will now be built for local people, and local jobs and apprenticeships will be Kent County Council (KCC) has agreed The rented homes are to be managed created.” He commented further, “By an innovative land transfer deal with by a leading Kent-based registered harnessing its assets effectively, the Kier Living, the residential division of social landlord. The initiative was Council will benefit from a long-term the Kier Group, which will see more attractive to Kent County Council as income stream which can be reinvested than 150 new homes built throughout it placed the responsibility on Kier in local services. With many sites the county. The Kier Kent Initiative (KKI) designing, financing and obtaining remaining undeveloped and land-banked was created to enable the development planning permission for the build, while when Kent County Council began the of challenging sites with much-needed bringing forward more than 150 new programme, it seemed to be a ground homes in the south-east of England. homes that could have been unfulfilled breaking method to kick start local without the programme. This style housing markets moving and get local The unique land deal between Kent of approach is being considered for people into employment. I have no doubt County Council and Kier has been other sites and may prove effective in the approach will be replicated around structured to use vacant public sector some of the more deprived areas in the country.” land and private sector institutional the county. It also gives the council an investment to build new homes for opportunity to establish a significant The use of public sector land within the private rent and open market sale. land investment portfolio where it KKI model is vital to its success. With The initiative packaged together receives income from the transaction. significant pressure on public sector Kent County Council-owned sites in finances, KCC was keen to consider Sevenoaks, Canterbury and Swale, The programme has the ability to how it could release public sector land which would have struggled to deliver offer a range of housing tenures to stimulate housing delivery. Another housing on an individual basis, and that traditional methods would not key aspect that makes KKI work is the as a package, allowed Kier to lever in have been able to deliver in these provision of a long-term inflation-linked institutional funding to finance the localities. Affordable rent, private rent return for the institutional investor in building of new homes. and open market sale homes have all the form of rents underpinned by the been created across the various sites, housing association. It has become The KKI is a key strategic market-led enabling new affordable homes to be clear that there are a growing number deal, put together to bridge the gap on delivered without the requirement for of institutions with funding available marginal sites to deliver new homes. government grants. for investment in housing, who are It is clear that this and other similar seeking an inflation-linked return. We initiatives have the potential to unlock The attractive structure of the land considered this as potential funding sizeable institutional investment to transaction resulted in the realisation for the future, which can enable new deliver much-needed homes in new of capital receipts and a rental income affordable and market rented housing exciting ways that leverage the growing flow for Kent County Council. The rent to be delivered without the need for appetite of the public and private income flow was fixed as part of the significant government grant and sector to underpin housing delivery. land transaction deal and flows from a enable housing projects to come percentage of the rental income secured forward sooner. Kier also worked with local planning by the registered social landlord.

20 THE TERRIER - AUTUMN 2014 For Kent, it is using its assets to help Kent-based housing association and in turn will stimulate stagnated drive the economic activity in the new jobs will be provided too. markets and promote regeneration. county as the deal drives smaller scale This approach may be modified and developments where the contractors KCC will continue to search for adjusted to suit a number of sites that will use local labour and bring new innovative solutions to producing do not lend themselves to a traditional jobs to the Kent economy. The ongoing housing and developing sub-prime disposal method while delivering management of the houses will be a sites throughout the county, which mixed tenure homes in key localities.

CUT BACKS – WHAT CUT BACKS?

Debbi White

Debbi is Property and Asset Manager, Community Services, at St Albans City and District Council.

This article is an outcome from a for better service provision this is a ll look at how SACDC has funded presentation Debbi made to ACES challenge you will no doubt recognise. major leisure developments during Eastern branch about St Albans’ You will also recognise the growing a period of recession and budget initiatives. “The office accommodation, importance of your assets in helping cuts and leisure and heritage projects are just to achieve efficiencies and improving a flavour of what St Albans has been service delivery. ll consider the innovative ways in doing over the last few years or will be which SADC is involving partners doing over the next few. I can honestly Although this has been a time for and community stakeholders to say that with so much going on I am cutting back, it has also been a time of deliver a major heritage project. proud to be a local authority property opportunity. SACDC has made the most professional.” of cheaper borrowing, partnership Work Environment working, and grants to fund an exciting Programme Like all other public sector capital programme. In this article I: organisations St Albans City and District If your organisation is thinking about Council (SACDC) has had to tighten ll explore ways in which SACDC has sharing office accommodation with its belt and find ways to save money worked with partners to create partners, I hope our experience will be and become more efficient. With ever savings and improve the customer of some help. reducing resources and more demands experience in its central offices; The first phase of the Work Figure 1 – Desk Utilisation Survey Results Environment Programme began with making space on the upper floors of the council offices to accommodate around 40 SACDC staff from a self-contained area on the ground floor. These moves enabled us to create a hub for local services including the Citizens Advice Bureau, Centre for Voluntary Services and a local college.

After successfully piloting the hub, we created further space on the ground floor by rationalising desk layouts. The Citizens Advice Bureau and the Centre for Voluntary Services then moved ! 21 THE TERRIER - AUTUMN 2014

Photo 1 – Old Furniture

!

Table 1 – Workstyles maximum of 66% (see Figure 1). Workstyle Description Desk Ratio Fixed Worker Spends 60-100% of their time at their 1:1 It was an easy decision therefore desk to work towards a target of 70% Flexible Worker Spends 40 -60% of their time at their 1:2 occupancy. Using a mixture of fixed and desk flexible desks allocated by reference Mobile Worker Spends less than 40% of their time at 1:4 to workstyle data (see table) we were their desk able to reduce the number of desks to around 250. It was clear however that this could not be achieved using into the vacated space leading to an 100 staff, in addition to the 40 staff existing antiquated and inflexible immediate saving on business rates and previously moved onto the top floors. furniture. grant payments. Desk utilisation We opted for the modern bench type The second phase of the programme desks with personal lockers instead of was designed to improve not only the Our first step was to analyse our desk pedestals. We also reduced storage in tired physical environment but our way utilisation – we started with 384 desks. the working areas to keep the floors as of working. It was also the opportunity For anyone who has not done this it spacious as possible. to create more space to rent out in is well worth it. You will be amazed order to generate income. The outcome at how little time people spend at Storage we wanted to achieve was to move the their desks. With holidays, site visits, majority of SACDC staff onto 2 floors. meetings and sickness the average desk Storage is another area that deserves This meant creating space for a further usage at SACDC was around 54% with a attention. We identified over 1,400 linear metres of filing located in our work areas. We were able to reduce this by around a third using the FAB process (File Archive Bin). From having around 40 filing cabinets in 2010/11 my property team now has 6. It’s amazing how rarely files are needed when they are stored in the basement archives!

Implementing the changes

We had worked out the numbers of desks and filing cabinets that would be needed. We had also tendered the re-carpeting, redecoration and refurbishment works for the 2 main staff floors. The challenge was how to implement the changes while keeping service disruption to a minimum.

It was rather like doing a jigsaw and we could not have done it without the co- operation of the staff and our excellent contractors. One team agreed to work in the basement committee rooms for 3 months, trialling the flexible working arrangements in a windowless and dreary environment. This allowed us to refurbish the area they vacated – one side of the second floor. Two other teams were moved into this area and the area they vacated was then refurbished and so on. This meant that, except for the first team, disruption was kept to around one day per team. We were also able to arrange for key members of staff to move ahead of the

22 THE TERRIER - AUTUMN 2014 main teams to ensure continuity of for the council are estimated at about Leisure developments service throughout. £180,000 per annum based on rental income, business rates savings and A local authority can also contribute Lessons learned savings on running costs. to the economy in times of recession. When private leisure operator The staff move and refurbishment Staff surveys have shown a definite developers were cutting back, SACDC of the staff work areas took around improvement in satisfaction with the was in the process of building and/ 3 months. Throughout that time we work environment since the project or planning new leisure facilities in kept staff and councillors informed completed - 65% of staff are now more the district with a total cost of around on progress and worked with staff satisfied with their immediate work £36m. representatives to ensure that the area than before the works (up 27%) decant processes ran as smoothly as and 80% are happier with the building Construction of the new £24.1m possible. as a whole (up 30%). Westminster Lodge Leisure Centre was completed in 2012. It was funded using The biggest lesson learned was that The council offices are home to 2 capital resources, Growth Area Funding, communication is vital. Engaging voluntary sector partners, with a third s106 receipts, and prudential borrowing people and giving them the choice partner to join us shortly. We also offer funded by revenue savings and income where possible helps to bring them a flexible hub space for other voluntary generated from the management along. Communication within the sector partners that allow the public to contract for the new facility. The Centre project team is also essential since it access a range of services in one place. has a 180 workstation gym, sports halls, prevents duplication of efforts and 10 lane, 25m swimming pool, learning ensures things are not forgotten. The police have just signed a lease for pool, children’s confidence water and a around 7,000 sq ft of surplus space spa to rival any in the private sector. Clear roles and responsibilities are also in the council offices and they will be important. Resources are limited so in- starting their fit out works in October. We have also re-built Batchwood house staff co-opted onto the project The police move will mean that their Sports Centre, which was destroyed by team need to be clear about what is building is vacant. Together with an fire in 2011. Using insurance monies expected of them. They want to be able adjacent empty building, a significant (£3.8m) together with funding from to make a difference or there is no point area of the Civic Centre is now available Sport England (£500,000), the Lawn in them being there. for a mixed use redevelopment scheme. Tennis Association (£600,000) and This will help reinvigorate an important council capital budgets, we were able Finally – do not forget the politicians. city centre area with potential for major to re-build and improve upon the gym Their buy-in is crucial. economic development. and tennis facilities. We were also able to introduce a new Judo dojo and re- Was the project a success? What appears on the face of it provide new golf and bowls facilities to be rationalisation of office that were destroyed in the fire. The new On the whole I think the project was a accommodation, when done by a Centre opened in May 2014. success. The council now has a flexible local authority can actually be the way of working within a modern and catalyst for other important community Our third leisure project is currently clean environment. The future savings benefits. under construction. Cotlandswick will be a brand new sports centre with a single court sports hall, 60-station gym, Figure 2 – Staff Satisfaction Survey Results – before and after the works exercise studio, outdoor and indoor children’s play areas and 9 synthetic turf pitches. 90%

80% Works started in August and are expected to be completed in summer 70% 2015. Cotlandswick is being funded 60% by a mixture of s106 monies (£1.1m); council capital funding (£780,000) and 50% before prudential borrowing (£2.9m). 40% after

30% Heritage project – new

20% museum and galleries programme 10%

0% In addition to the leisure projects, SACDC Immediate work Building as a whole Toilets Carpets is also engaged in a heritage project that area involves relocating the city museum and ! 23 THE TERRIER - AUTUMN 2014 gallery from Hatfield Road into the Town From a property point of view one of The office accommodation, leisure and Hall in the heart of the city centre. If all the most interesting aspects of the heritage projects are just a flavour of goes to plan the new facilities should be programme is the sale of the existing what St Albans has been doing over the in place in summer 2018. museum site. It is our intention to sell last few years or will be doing over the the site with the benefit of planning next few. I can honestly say that with This is an ambitious £6.75m project permission and this is where our so much going on I am proud to be a involving complexities such as listed engagement with the community is local authority property professional. buildings, Heritage Lottery Fund (HLF) perhaps most surprising. Using a design I know from speaking to colleagues in bids and charitable trusts. We are seeking charrette (an intense period of design or other authorities that St Albans is not to fund the project through HLF funding; planning activity) we will be asking the unique – there is excellent, innovative the sale of the existing museum site and community to help shape a sensitive, work going on in the public sector all general community and major donor durable design for the redevelopment of over the country. fundraising. Partners and stakeholders the existing museum site. involved include the Museum Trust and If you would like more information on the University of Hertfordshire and we are We are working with Look! St Albans, any of the projects mentioned please working with the community in new and which is a community-led organisation contact me at debbi.white@stalbans. innovative ways. formed to promote and enhance gov.uk design criteria within St Albans City Although the Council is the lead Centre. Look! St Albans will arrange and for the overall programme, our run the charrette using independent project teams and Programme Board facilitators. The community as well as include community stakeholders and architects, planners, valuers, highway community representatives involved engineers and surveyors will be invited in the way projects are managed and to attend the charrette workshop and outcomes are achieved. Councillors design sessions. This goes well beyond too have a much more hands on role offering the community 2 or 3 options than they perhaps have had in other to choose from. Their ideas will help to projects. create a design that will then be taken forward for planning permission.

24 THE TERRIER - AUTUMN 2014

ESTATES CO-ORDINATION AND LAND TRANSFER PROTOCOL

Richard Baker

Richard is Acting Joint Head of Division and Head of Estates, Property Division, Welsh Government. He is a Chartered Surveyor with over 20 years’ experience in the public sector. His focuses primarily on strategic asset and estate management, programme and project delivery, public sector construction sector projects and policy development.

As Head of Estates he is the lead advisor on the Welsh Government estate, providing independent and impartial property advice on both the administrative portfolio and across policy areas. He leads a team of property professionals and project managers within the Property Division which acts as the Welsh Government’s Centre of Excellence on asset management, compulsory purchase and governance in respect of This is an update of the presentation property activity. Richard is the editor of the Welsh Government’s annual ‘State of the made by Richard’s colleague at ACES Estate ‘report. Annual Meeting held in Cardiff (see 2013/14 Winter Terrier). It explains the Richard is now the workstream lead for the National Assets Working Group and has Land Transfer Protocol, to facilitate led on the establishment of the All-Wales Public Sector Property database (ePIMS Lite) public sector asset transfers and and the development and embedding of the Land Transfer Protocol, as a best practice indicates what more is to come for guide for the transfer of assets between public bodies in Wales. Richard.Baker@wales. community asset transfers. gsi.gov.uk

In November 2013, Sioned Evans first instance, unlock key barriers and are now over 22,000 entries on the provided a broad overview on the work facilitate a more collaborative approach database. The challenge continues to of the National Assets Working Group in the use of the public estate. Long- be how that information is used by the (NAWG). As a quick reminder, the NAWG term it is hoped, indeed expected, that public sector in Wales in making better is taking forward a programme of work this will enable the public sector in use of existing assets both from an aimed at delivering on the agenda Wales to develop innovative solutions in efficiency perspective but also assisting of collaborative asset management an open and collaborative environment. in delivering policy and service delivery in Wales by identifying, supporting objectives. and encouraging innovation in the When the NAWG was established, 2 of management of the public estate the initial tools developed were the Estates co-ordination and and its corresponding assets, which Wales Public Sector Property database Land Transfer Protocol present opportunities for improved hosted on e-PIMS (“e-PIMS database” service delivery and realise significant was created by UK central government See http://wales.gov.uk/topics/ efficiencies. It is also a forum for sharing to record property data across the improvingservices/pslg/nwp/ best practice among public sector central government civil estate. e-PIMS assetprocure/landtransfer/?lang=en property professionals, which is now “lite” sits alongside the main database to supported by the AssetsCymru website. provide a strategic overview of property Early on in the work of NAWG it was assets) together with the development evident that there was significant To achieve effective strategic of the Land Transfer Protocol (LTP). frustration around inter-public sector management of land and buildings land and property transfers. These across the public sector means As highlighted in Sioned’s article we transactions were being handled in working together, sharing information, have been extremely successful in the same way as transactions between challenging ways in which we deliver capturing public sector assets onto a the public and the private sectors – services. The NAWG seeks to, in the single database (e-PIMS’Lite’). There which were not always appropriate.

26 THE TERRIER - AUTUMN 2014 Co-ordination principles looking to share accommodation, which reduces overall expenditure on property as well as many associated occupational costs. A co-location/shared occupancy section has been added to meet this requirement.

What is the guide?

This guide sets out advice by the National Assets Working Group for a best practice solution regarding property asset coordination, transfer, disposal, shared use and co-occupation of land and property assets between public bodies in Wales.

This updated Estates Co-ordination and Land Transfer Protocol encourages public sector organisations to produce asset management plans to aid effective and efficient use of the assets, while also
recognising assets as enablers of policy and service delivery.

It could be quite confrontational with update the document for a number of What the document does not do separate valuations and long protracted reasons: negotiations. When talking about 2 1. It does not deal with the mechanics public sector bodies working together, 1. In terms of the existing document of identifying property need or this seemed unnecessary because all and user experience, the primary availability; the costs and resource were coming area for improvement related to the effectively from the same financial pot. clarity and timing of instructions 2. The guide does not seek to offer to the ‘independent valuer’. By and specific property management The LTP was introduced to increase large, the LTP has worked well, but advice with regard to the process efficiency and reduce the time and cost on occasions instructions were not leading to the decision to dispose. associated with the transfer and disposal as clear as they could be and issues of the public estate between public that impacted upon valuation (e.g. What does the document cover? bodies in Wales. The original LTP was planning etc) were not resolved approved in February 2011. pre instruction. It was also the One of the key deliverables of the NAWG case that valuation instructions is the development and delivery of a Since its introduction it is fair to say that were issued prematurely, prior to best practice guide for use by the Welsh the LTP has now become a mainstream firm proposals having been agreed public sector to make best use of our document when transfers/disposals are between the parties. All of these asset resources and assist in reducing progressed between public bodies in issues effectively lengthened the cost and time associated with the Wales, with over 70 instructions issued time an independent valuer was transfer and disposal of the public estate via the LTP. It is already estimated that engaged on a valuation and added between public bodies in Wales. This savings in the order of £100,000 have to costs; updated version extends the guidance been achieved in valuation fees, but the to co-location/shared occupancy of opportunity costs in respect of extended 2. The document needed to align assets by public sector bodies. negotiations and staff time saved on more closely with the work and transfers are still to be fully evaluated. overall objectives of NAWG. In that The key principles of each section are context an ‘Estates Co-ordination summarised below: Following reflections on the work of & Collaboration’ section has been NAWG in part as a result of the NAW added; Estate coordination: Finance Committee Inquiry into Asset Management in the Public Sector which 3. Finally, in seeking to optimise the ll Public bodies should work together issued its report in August 2013 and efficiency of the public estate in at an early stage sharing strategies feedback from users of the LTP, it was Wales and reduce costs, many and occupational plans; considered that it would be beneficial to public sector organisations are 27 THE TERRIER - AUTUMN 2014 ll New property requirements should be initially pursued through inves- tigation of surplus public sector estate prior to market searches;

ll Surplus assets should be identified at an early stage and utilise e-PIMS to assist co-ordinating with other bodies;

ll Available assets should be flagged on e-PIMS for 40 days prior to marketing;

ll e-PIMS “lite” records should be kept up to date.

A chart is included in annex 4 of the protocol, which summarises the principles.

Land and property transfer/disposal:

ll The organisations should jointly appoint a single independent val- uation, usually commissioned from the District Valuer or an agreed independent surveyor to settle the price to be paid;

ll The organisations may require legal advice, especially where sponsored organisations are involved as these may have specific ! legal requirements for the transfer process;

ll Transfers of property between ll Transfers/disposals to outside bod- for the acquisition with the confirmed internal departments within the ies could include restrictions which availability of funding. same accountancy umbrella should may be reflected in the valuation. not normally need a full investiga- However, care is to be exercised An indicative valuation flow chart is tion of legal title with the transfer regarding the implications of “be- included in Annex 2 of the document. likely to be at current book/asset low market value disposal” and the value (subject to internal valuer interaction of State Aid rules; I highlighted earlier some of the review); problems that have emerged with ll Almost all transfers and dispos- the original LTP with regard to timing ll Internal transfers should not als can result in accounting and/ and quality of instructions to the normally involve claw-back (rights or budgeting adjustments. Each independent valuer. We have sought to share disposal proceeds) or transfer must be judged on its own to address this within the updated overage (rights to share future merits, involving a business case protocol. Annex 2 details the procedures profits on disposal). But it may be and covering all legal and financial in terms of the agreed appointment appropriate in certain circumstanc- perspectives. and general valuation procedures. It es to include a claw-back provision is important that the parties agree as in transfers between public bodies It is important to point out that the many of the material facts as possible outside the same accounting intention of the Land Transfer Protocol prior to issuing an instruction. To avoid a umbrella; is that it is used for the transfer of protracted valuation process, a valuation land/property to meet an operational instruction checklist is also included in ll Assets should be valued at market requirement and not a speculative annex 3i. value in accordance with RICS purpose. It is also on the basis that there Standards; is an approved business case in place Co-location Agreements:

28 THE TERRIER - AUTUMN 2014 ll Organisations should make surplus standardised templates with issues to everyone’s best interests that they are space available for occupation by consider, is really helpful. sustainable. Therefore to support this other public sector bodies, where agenda, the NAWG is now looking to this does not create unreasonable Feedback on the use of the develop a guidance document which security or cost implications for the protocol will seek to encompass the following: ‘owning’ organisation and, in re- spect of leasehold property, where Below are some comments made: ll Highlight issues relating to transfer it is permitted under the terms of of services associated with prop- any occupational lease; ll The engagement of only one valuer erty; for both parties thus saving time ll Any request to share space may and money on fees and avoiding a ll Signpost other existing guidance; be rejected if the proposed use is scenario where either party have dif- considered an incompatible use fering valuations and cannot agree ll To provide examples of community with the current occupier; quickly on a final price; asset transfer policies from other organisations; ll When sharing occupation of space ll The protocol enabled the College to for a short term period (i.e. less work openly with the Health Board ll Highlight case studies to demon- than 6 months), on a non exclusive and for both parties to achieve their strate best practice and breadth of basis, organisations should use the objectives - the College to extend opportunities; Standard Licence Agreement in its existing campus and the Health Annex 10 of the document, if ap- Board to dispose of surplus property. ll Provide a check list of issues to be propriate for their circumstances. If The joint appointment of the District considered. there are any doubts as to whether Valuer, as an independent valuer, exclusive possession of the premis- ensured that one party did not gain It is expected that this guidance es is being granted to the licensee, an unfair advantage over the other; document will form a strong basis appropriate legal advice should be to progress a common approach to sought; ll The protocol is fine, as far as it community asset transfers in Wales. currently goes. However, it would ll Occupation of an area, either on a considerably benefit from clear advice long term basis or where the occu- to participants to share with partners pier has exclusive use of the space, their emerging property strategies or, would typically be via a contracted where relevant, service plans. Proper- out lease agreement. If required ty is an illiquid asset, and takes time by the parties, an independent to determine and then implement valuation may be commissioned to operational decisions. The earlier the determine the rental value; engagement, the more likely there will be a positive outcome. Too often the ll The standard heads of terms die is cast once properties have been should be used where applicable declared surplus to requirements. to minimise solicitor’s fees and improve transaction time; The final comment is one of the key is- sues that we have attempted to address ll Legal advice will be required to en- in the latest version of the protocol by sure that any agreement is suitable incorporating an Estates co-ordination for the circumstances. and collaboration section.

Overview What next?

An attempt has been made in the We have now turned our attention to updated protocol to incorporate community asset transfers. Given the documents which will enable the parties financial pressures being faced by local to progress matters further than they authorities, there is more pressure may have dome previously before to transfer certain assets and indeed instructing solicitors, etc. Property services to community/town councils professionals in the public sector and third sector organisations. For understand how these arrangements the recipient organisations there are work, but when you are talking about clearly capacity and capability issues community councils and the third sector, to be addressed, while there also has which do not necessarily have access to be transparency in relation to these to property expertise, having defined transfers. If they are to happen, it is in 29 THE TERRIER - AUTUMN 2014 COMBINED LOCAL AUTHORITIES AND ECONOMIC PROSPERTITY BOARDS – THE MISSING LINK FOR REGENERATION INITIATIVES

Rob agreed to prepare this paper for the Terrier, following a presentation Rob Hann he made to the Innovation in Asset Management master class in Bury St Edmunds in September 2014. He Rob is Director, Legal Services, for Local Partnerships LLP. He is also author and outlines some interesting statutory editor of Local Authority Companies and Partnerships (LACAP) and Local Authority models of joint working to encourage Charging and Trading Powers, both published by Lexis Nexis on line. Rob.hann@ economic development. local.gov.uk

In its response to Lord Heseltine’s review authorities are able to borrow money structure in the 2009 Act which allows of how to more effectively promote and can levy constituent authorities. The the combined authority to take on the growth and create wealth in the UK (see Greater Manchester Combined Authority economic development role of their ‘No Stone Unturned’) , the Coalition was the first to become established in constituent local authorities. Government said it wanted local 2011. The combined authority builds authorities to put economic development on the 10 boroughs’ long experience of Functions and powers at the centre of their activities, and to working together since the abolition of collaborate, including with private sector the Greater Manchester Metropolitan Combined Authorities can be passed partners, across a functional economic County in 1986. Other authorities are functions by the Secretary of State under area. Establishing a combined authority now following their lead (see West the general powers in the Localism or an economic prosperity board under Yorkshire Combined Authority case Act 2011. Combined authorities also new powers, could become an effective study below). have a version of the general power of way in which local authorities across competence, again introduced via the an economic area can collaborate for These new entities have a separate Localism Act 2011. The power is similar economic growth. legal existence in law (unlike a joint to that available to local authorities, committee) but remain wholly within though it does not allow combined The Local Democracy, Economic the public sector environment (unlike a authorities to provide statutory services Development and Construction Act joint local authority owned company) on a commercial basis (see s113A): 2009 now provides powers to create and provide a much needed ‘missing link’ new statutory joint authorities (known to the list of options available to local The Localism Act 2011, sections 15-20, as combined authorities) who may authorities seeking to join up policy and allows the transfer of any public function exercise any function of its constituent strategy on certain major functions across from other bodies, or from ministers, to councils that relates to economic geographical boundaries. ‘permitted bodies’ – a designation which development and regeneration, and includes combined authorities (s20). It any of the functions that are available Combined authorities may also take on would therefore be possible for further to integrated transport authorities. the functions of Economic Prosperity powers to be devolved to combined For transport purposes, combined Boards. These are an alternative authorities by statutory instrument.

30 THE TERRIER - AUTUMN 2014 Process, applicability Case Study between local authorities are a helpful and limitations new addition to the options previously The West Yorkshire Combined Authority available. Where local authorities come forward is made up of 10 members. Eight of with locally-led proposals for a these members will be elected members Conclusions combined authority, the Secretary from the 5 constituent West Yorkshire of State for Communities and Local councils of Bradford, Calderdale, Kirklees, These new bodies provide an exciting Government may, if certain statutory Leeds and Wakefield. The 5 constituent new opportunity for the joining up conditions are met and if Parliament councils would each appoint one of of economic regeneration efforts approves, make an Order enabling its elected members to the Combined across regions through a legal entity those local authorities to establish their Authority, with the remaining 3 wholly within the public sector proposed combined authority. members appointed by the constituent administrative environment. Through councils to reflect the political balance such bodies, their constituent councils A Combined Authority can be set up among the authorities. potentially have greater flexibility and when 2 or more contiguous English local influence than each council working authorities, covering an area’s economic The City of York Council will appoint independently would have. The process footprint, want to collaborate more one of its members to be a non- to establish a Combined Authority closely together to improve economic constituent council member of the or an Economic Prosperity Board is outcomes. There are some limitations to Combined Authority. The Leeds City relatively straightforward albeit public the new powers currently. For example, Region Local Enterprise Partnership consultation and the statutory processes a local authority can only be part of one (LEP) will also nominate one of its necessary before they can be set up may Combined Authority and currently one members to be a non-constituent be a disincentive to some. part of a Combined Authority’s area member of the Combined Authority. cannot be geographically separate from Each constituent and non-constituent Economic Prosperity Boards may also the rest of the Combined Authority. council will appoint its Leader to the start to become an important option Combined Authority. open to groups of authorities who are The local authority of any district of exploring land pooling programmes to England outside Greater London can In the case of the Local Enterprise generate surpluses for re-investment join a combined authority and a county Partnership, the Chair will be appointed. purposes. Some authorities (sensibly) council can become part of a combined This provides for decision-making at are testing the waters by working authority even if only some of the the highest level to set the strategic through the more tried and tested non-metropolitan districts that make direction of the authority. The LEP method of joint committees but these up the county are within the combined has been invited to become a non- arrangements have their drawbacks. authority area. constituent (partner) member of the Establishing a specific legal entity Combined Authority to ensure that that engages the leading members of A statutory review of current decisions made fully reflect the views of the community in crucial economic governance arrangements and options business. development, regeneration, job creation must be undertaken, and a scheme and growth initiatives impacting across outlining their proposals submitted. Joint Committees a wide geographical area must be an and Joint Boards attractive option to many councils to The Secretary of State must then combat deprivation and re-invigorate consult, including with the authorities Other local authorities, while also local economies. that would be covered by the Combined exploring new models to join up, Authority, and must be satisfied that the have decided to establish economic Local Partnerships LLP is working with establishment of a Combined Authority prosperity joint committees a number of local authorities and LEPS would bring about the following covering similar functions (economic and others involved in regeneration benefits: development, transport and (such as the British Property Federation regeneration) across boundaries. Several and their members) to remove obstacles ll Improve the effectiveness and effi- Nottingham authorities announced their to growth and provide support for ciency of transport in the area; joint committee approach in 2014 and developing new ways of working. are now actively exploring going further ll Improve the exercise of statutory to establish a Combined Authority. functions relating to economic Derbyshire authorities are also thinking development, regeneration and along similar lines. The joint committee transport in the area; approach might be a way of testing out working relationships before investing ll Improve the economic conditions time and energy in setting up new in the area. legal vehicles via the statutory process described above. Either way these new approaches to strategic partnerships 31 THE TERRIER - AUTUMN 2014 BE SMART – RE:FIT – SAVE MONEY

Robert wished to publicise another Robert McKinnon initiative being run by Local Partnerships concerning energy efficiency initiatives, case studying Robert McKinnon is Business Development and Engagement Lead, RE:FIT at Local Cambridgeshire County and other Partnerships. Local Partnerships is jointly owned by HM Treasury and the Local councils. Government Association [email protected]

That’s the simple message that Local Partnerships is seeking to get across to local public bodies it is currently working with to help make existing public buildings more energy efficient.

But can it really be that simple in these financially constrained times to re-engineer the existing public estate in order to secure guaranteed energy savings and reduce carbon emissions?

Well yes it can be that simple - public bodies can take advantage of an existing Air source heat pump framework of experienced energy service companies (ESCos) who have been already procured and stand ready to be called off to undertake such work, following a tried and tested process.

Set up originally by the Greater London Authority the RE:FIT Framework itself has been around since 2008 (although refreshed and re-procured since then). The OJEU advert was framed deliberately widely to enable and facilitate as wide as possible take up from public bodies of all types across the UK.

Local Partnerships has been appointed by the Department of Energy and Climate Change to manage access to the RE:FIT Framework outside of London Boiler control and more and more public bodies are becoming aware of this opportunity for saving money. Over 180 public sector Local Partnerships uses experience built under the RE:FIT framework. organisations have already committed upon its existing offerings of efficiency, to using RE:FIT and over 400 buildings street lighting, estates improvement Energy efficiency measures enable have been retro-fitted so far – with and contractual support to assist public organisations to cut running costs, guaranteed energy savings alone worth bodies with the processes leading to energy consumption, maintenance over £5m per annum and growing. selection of an energy service company backlog and carbon emissions. The way

32 THE TERRIER - AUTUMN 2014 other sites coming forward and we’ve had a great response from schools.”

Bouygues was successful following the competitive call off procurement process led by Cambridgeshire County Council and supported by Local Partnerships’ national RE:FIT programme team.

Other local authorities have been quick to follow suit. Hull, Coventry and Buckinghamshire councils have also signed up to receive Local Partnership’s support to access the call off arrangements. Local Partnerships has interest from many other types of organisation working for or within Pool control the public sector including central government departments and agencies, the scheme works is that the ESCo or sign up to deliver a RE:FIT project is NHS trusts, universities, colleges, service provider guarantees the level Cambridgeshire County Council. It schools, police and fire services, of energy savings at the outset, thus selected Bouygues from the framework cultural, leisure and heritage bodies and offering a secure financial saving over to undertake a £5m investment in charities. Local Partnerships web site the period of the agreement and also energy saving retrofits and renewable contains further case studies removing risk from the participating energy solutions to schools, council land public organisation. The fact the ESCos and buildings. The improvements are (see www.localpartnerships.org.uk) have already been procured and expected to pay for themselves through selected saves the organisation time the energy savings made. Given the track record of RE:FIT, and money in going out to bespoke public bodies, when exploring energy procurement (although there is still a Cambridgeshire County Council Leader efficiency measures, must now at least mini-competition to undertake, which Steve Count, Chairman of the General consider this programme as one of the Local Partnerships can help public Purposes Committee, said: “Securing an realistic options available and Local bodies to navigate to identify the best energy services company to work with Partnerships can help navigate you option and best value for money). us is great news for Cambridgeshire. through the process. Local authorities need to operate as Case studies efficiently as possible and Bouygues For more information please contact Energies & Services expertise will help Local Partnerships on 07920 702297 or The most recent public body to us to set a leading example. We have via email on [email protected] work with Local Partnerships to a programme of county buildings and THE ENERGY ACT 2011 AND THE PRIVATE RENTED SECTOR

Andrew Warren

Andrew has been Director of the Association for the Conservation of Energy since This is a piece sent by Andrew, its foundation in 1981. In addition to writing regular columns for several trade following his recent presentation publications, he has also contributed articles to many international newspapers such at ACES Presidential Conference. as the Financial Times, Guardian and Independent. He was a former Special Advisor to It outlines some of the issues with the House of Commons Select Committee on the Environment and has given evidence enforcing the changes required to many House of Commons and Lords Select Committees and also to inquiries to inefficient leased commercial undertaken by the European Parliament. He has spoken at several hearings called buildings and housing, and proposes by the European Commission and has spoken in every Member State of the European some simple adaptations of existing Union (EU-15) at a variety of conferences on energy and environment issues. andrew@ legislation. ukace.org

Energy Performance to date, approaching 1 in 5 of the will, or will not, be illegal after April 2018, Certificates certificates registered for non-residential when these regulations officially start. buildings are currently at F or G. But as Back in 2011 the government the Chartered Institution of Building But I am not convinced that there is a introduced legislation that Ministers Service Engineers has repeatedly will to ensure all those with an overt F promised would outlaw the letting of pointed out, there are a vast number of or G-rating will be required to upgrade. any F or G -rated buildings from 2018. eligible buildings where the leaseholder Throughout the consultation document, September 2014 marks the conclusion has altered - but no EPC has been issued, there is an underlying commitment that of the government’s formal consultation meaning the law has been breached. “landlords would only be required to detailing precisely how this potentially And nobody official has moved a finger. make those improvements which could market-revolutionising policy will be be made at no net or upfront cost”. This delivered in practice. By definition, it cannot be proved, but is not a phrase that is to be found in the the underlying presumption must 2011 Act. Introducing this restriction at The private rented sector is of growing be that, within this illegal sub-strata, this stage is unnecessary gold-plating of importance in the residential sector. are likely to be found an even greater the legislation, and is not really in accord In the last 15 years the number of proportion of the least energy efficient with the legal text. people renting from private landlords commercial buildings. Perversely these has increased from 10 to 18% of all are precisely the buildings that are Similarly it seems that if anybody households. That is a sizeable percentage. to be completely excluded from the raises the slightest objection to any But nothing like as large as the new minimum energy performance improvements being made – whether proportion of the buildings in the non- standards regulations. The ban on a cowed tenant like a pub landlord of residential sector that are rented out. letting out an F or G-rated building only a large brewery, a head lessee based applies to buildings for which an energy overseas, or even a council planning Precise figures are surprisingly difficult certificate has been issued. officer - then this will be deemed to be to establish. But most property sufficient reason not to proceed. At the professional believe that the shorter- So, if the building does not have an EPC, very least, we need to create a central term (under 99 year) leasehold sector nobody officially knows whether it is record of properties where such overt covers between 60 and 66% of all such highly energy efficient or among the wriggling against the regulations has buildings. worst gas-guzzlers. Whichever, its details taken place. don’t appear on any official register. And Based on the record of Energy so nobody will ever formally be charged Critically, who will police compliance? Performance Certificates (EPCs) lodged with chasing up whether such leases As ever, it falls upon the local authority’s

34 THE TERRIER - AUTUMN 2014 Trading Standards Department. I have eliminate some of the least energy So, can the landlord be persuaded to never come across such a department efficient buildings, both residential fund the necessary improvements? that was not already heavily over- and non-residential. The Coalition Since 2004, the Landlords Energy Saving stretched (hence perhaps the absence of Government deserves great credit for Allowance has permitted expenditure chasing up of unissued EPCs)? arranging for it to be introduced – albeit on insulation in residential premises not until 3 years after the General to be offset against tax, up to £1,500 While government may theoretically Election. per home. Sadly to date this has only have to compensate local authorities benefitted 0.3 per cent of tenancies. for such extra burdens, any sums By next May the final regulations involved seem inevitably to be lost will need to be agreed, with the Even when a landlord is amenable to within overall grants settlements, and presumption that “outlawing’ every F progress (and despite the caricature, seldom apportioned by local treasurers and G-rated building is mandated. This many private landlords are just that), to the relevant department. Precisely would be just the first step towards present property law does not smooth as happened to the Home Energy upgrading the building stock we shall be the path – particularly if each leasehold is Conservation Act’s “extra” resources. occupying in 2050. for just one in a block of flats, or a single office in an office block. However much The answer is to create a new direct Landlord and tenant everyone may be agreed in principle, the revenue stream to motivate full- arrangements legal matrix makes it really difficult to hearted participation. Just as parking improve the physical structure. enforcement became far more diligent The landlord/tenant arrangement when councils got to keep some of the is one of the greatest barriers to This is because a landlord is able to pass money collected, so it would be logical improving the energy efficiency of on any expenditure incurred only if there for trading standards to retain the buildings. The dichotomy is simply is clear authority under the existing lease revenue from successful prosecutions expressed. Why should a landlord, to do so. Very, very few leases make for non-compliance with EPCs and who doesn’t pay the fuel bills, fund reference to incurring expenditure on minimum energy ratings. Ensuring that measures intended to reduce these fuel energy saving measures. Occasionally, the results of all prosecutions, both bills? In turn, why should a tenant pay “sweeping up” provisions can be found successful and failed, are placed on an for improvements to a property that in leases, permitting landlords to pass open public register should avoid the belongs to somebody else? through expenditure undertaken for worst abuses. the benefit of the block. Where these I think there is a small alteration that can exist, theoretically they could be used. The consultation document set out be made to an established 28-year-old But tenants contemplating leases often 15 questions, many of which seem Act of Parliament which could facilitate object to these, as conferring “blank to be concerned how landlords can a way round this conundrum, and really cheque” powers upon landlords. successfully avoid upgrading their get the Green Deal ethos going in building. There really is a nit-picking and tenanted premises. So energy improvements can really only negative approach underlying too many take place if the landlord is prepared to of these questions. When Parliament Right now, even if the leaseholder is undertake them, plus the vast majority passed the relevant Act in 2011, it did prepared to fund investments unilaterally, of (in certain circumstances, all) tenants so in the clear understanding that from some serious legal difficulties constrain agree voluntarily to contribute. Section 2018, there would effectively be no non- action. The tenant’s locus effectively 37 of Part IV of the Landlord & Tenant residential buildings available for rental ends at the inner surface of the exterior Act 1987 does permit lease variation, so which remained F or G-rated. walls. Any cavity between the 2 skins long as 75% of tenants specifically agree, of brickwork belongs to the landlord. and no more than 10% object. Such a Were the government to adopt even The “demise” (or legal authority) of the significant hurdle is surely the reason a portion of the exemptions mooted typical top-floor flat ends at the ceiling: this option is seldom employed. in the consultation, it is likely that the uninsulated attic falls within the the will of Parliament will have been “common parts”, the landlord’s domain. But with a little judicious tweaking, the deliberately frustrated by unnecessary Similarly, exterior windows and walls same Act may present a way around bureaucratic devices. Frankly, 99.9% of belong to the landlord. this problem. Section 35 permits either non-residential buildings can perfectly a landlord or a leaseholder to vary the cost-effectively be moved up to the It does not matter whether the lease, in order to ensure it complies with (very modest) E-rating. In fact, recent building in question is purpose-built, minimum standards. These are currently research for the government’s own or a conversion. The foundations, restricted to require any lease to contain Green Construction Board confirms that main structure, exterior and roof adequate provision for: improving buildings to a D-rating makes are the responsibility of the ground a lot more financial sense. landlord. That makes it rather difficult ll repair or maintenance; for a leaseholder to undertake most This would be sad. Because this new of the standard fabric-related energy ll the provision of reasonably neces- initiative does have the potential to conservation measures. sary services; 35 THE TERRIER - AUTUMN 2014 ll insurance arrangements; and “reasonableness” could, if necessary, I would urge Ministers to table this be determined by a Landlord Valuation regulatory alteration right now. Agreed ll the computation of the service Tribunal. it will have no impact upon those charge. steadfastly uninterested in making any Most importantly, making this alteration building more energy efficient. These What we now need is a small additional to s35(2) would not even require will certainly require new sticks to get minimum standard. It should relate to primary legislation. Section 162 of the moving. But it will be an important the provision of reasonable measures Commonhold and Leasehold Reform liberating signal to those who would like to improve the energy efficiency of the Act 2002 specifically permits this section to make some progress in improving the flat/commercial premises, and of the to be altered by Statutory Instrument rotten energy standards of our building building of which it forms part. alone. stock, which I am convinced includes both the majority of leasehold tenants. The word “reasonable” is necessary, to While in no way can such a tweak to the And the majority of landlords. assure any sceptics that over-enthusiasm leasehold system be the silver bullet to will not lead to over-specification; the overcome the landlord/tenant barrier,

BUSINESS INCUBATOR HUBS

Kevin gives some examples of Kevin Joyce successful incubator hubs and invites other councils to consider providing similar facilities in their regeneration Kevin is a Principal Development Surveyor in the Property Services Division of the schemes. London Borough of Wandsworth

A House of Commons Library ‘small and manufacturing space. Whereas periods, determined by considerations businesses and the UK economy’ paper small businesses centres offer support such as their business expertise and the included the observation that in 2013 services to both start-up companies type of business areas they are operating there were some 4.6m micro-businesses, and small businesses at any stage of in. Services and manufacturing usually defined as businesses with up to their development, business incubator companies can normally bring goods 9 employees, in the UK and that these hubs are more focused on specific and services to market relatively quickly, businesses accounted for 96% of all new start-up ventures, generally while other types of businesses may business transacted in the economy. The only offering incubator space and have longer development and research ability of micro-businesses to survive, shared administrative services to new cycles e.g. life sciences. grow and prosper therefore is a critical companies with plausible business ideas component of national economic well- and workable business plans. Many hubs specialise either in being, with only 45% of new business supporting specific or a mix of industry start-ups surviving beyond their first 5 The hubs may also serve affiliate or sectors e.g. technology, computer years. virtual clients who do not reside in the software, manufacturing, finance, incubator facilities but who could, for healthcare, media or fashion, or are Small business centres and business example, be home-based enterprises attached to universities or other incubator hubs can offer these receiving support services electronically. academic institutions. businesses cost-effective and flexible space occupation alternatives to leasing Start-up business clients are likely The largest UK hub, opened in January conventional and exclusive commercial to remain in the hubs for finite time 2013, is a 29,000 sq ft incubator known

36 THE TERRIER - AUTUMN 2014 as Level 39 on the 39th floor of One advice in a highly competitive industry. were film, music, literature and other Canada Square at Canary Wharf in artistic ventures or the manufacture of London Docklands, specialising perhaps Academic incubator hubs are also on goods, with the small investors receiving unsurprisingly in the financial services the rise, with London Metropolitan discounts or rewards in the finished sector. University an early pioneer in 2003 in projects. More recently, equity-based creating an Accelerator technology crowdfunding initiatives have emerged, London’s BioScience Innovation Centre sanctuary equipped with a ‘hatchery’ with investors having shareholdings in in Camden, set up with the help of a for start-up businesses run by the the projects or ventures themselves, government grant in 2001, is now one of university’s alumnis and students. thereby sharing in the rewards and risks 20 bio-incubator hubs nationwide. The Regional Development and European attached to the enterprises. hub is owned and operated by the Royal Union funding followed, enabling Veterinary College, provides businesses the Accelerator to create a special The inclusion of business incubator with laboratory space and expert advice, programme to support local businesses. hubs in any mixed use regeneration has been responsible for successful schemes of significant size would help start-ups working on new drugs trials, The future of business incubator hubs satisfy local council economic and and is now also catering for clean energy looks promising, not least because of the town planning aspirations to ensure a businesses. advent in 2008 of crowdfunding finance continuous supply of affordable and offering their clients alternative sources flexible business accommodation and The Centre for Fashion Enterprise, part of of finance to small business bank loans. support for micro-businesses, in order to the London College of Fashion, was set help attract and retain local businesses up in 2007 and runs a 2-year programme Crowdfunding is a process of financing and job opportunities, so could merit for aspiring fashion designers, with projects or ventures by raising funds serious consideration at the formative their support including the making of online from a large number of people stages of new regeneration schemes. business connections for their clients through well publicised crowdfunding and giving them survival strategies websites. Initially, the projects created

TRACK TO THE FUTURE – THE PROPERTY VALUE MAP OF LONDON IN 2030

Catherine Penman

Catherine is Head of Research at Carter Jonas [email protected]

With HS2 gathering momentum, economic centre of gravity of the capital. last few decades, and the changes in Catherine describes some of the The major anchors of the City, the West property values they may create. predicted property price changes if End and Heathrow remain fundamental additional major new rail links are elements of the capital’s economy The report focuses on 2 of the ‘next big progressed across London. although transport improvements have wave’ schemes in particular – Crossrail 2 facilitated in opening up development and the Northern Line Extension - and opportunities in the east. their potential impacts on residential The economic geography of London and office capital values to 2030 - the has been transformed over the last London may well see equally major proposed opening time for the 2 30 years. The redevelopment of the changes over the next 30 years, which transport schemes. The key aim of the London Docklands, the regeneration of will transform the value map of the report is to identify future potential South Bank (on the back of the Jubilee capital. This report examines these opportunity areas, as well as assess Line Extension), and the gentrification changes and how potential transport the value impacts of these schemes on of areas like Hoxton have led to an improvements may stimulate growth, existing values. increasingly eastwards shift in the as they have demonstrated over the 37 THE TERRIER - AUTUMN 2014 Figure 1 The Proposed Route

The proposed route of Crossrail 2 and capital values increasing above general cumulative increase in values may reach the Northern Line Extension (NLE) trends by £5.4bn under the ‘Enhanced £32bn by 2030, clearly a significant sum. is detailed in Figure 1 and runs from Growth Scenario’. Alexandra Palace in North East London Locations that could be set to see to Epsom, Chessington South and The redevelopment plans for Battersea major absolute increases in residential Hampton Court. Power Station and Nine Elms have been value include Euston/King’s Cross, achieved on the back of the planned Victoria, King’s Road Chelsea, Clapham Office Sector Results Northern Line Extension. As such, the Junction, Tooting Broadway, Wimbledon, NLE will be an essential component Battersea Station and Nine Elms. Overall, The summary results for the office sector in generating increased office capital the average impact rate may range from under the ‘Enhanced Growth Scenario’ values. Our assessment put these 27% to 50% over existing values. are illustrated in Figure 2. This graphic impacts at between £375 and £470m shows both the scale of likely impact above baseline trends. Overall, therefore, Issues and Implications in value terms, as well as the increase the office sector could see an increase in capital values in percentage terms at of £5.8bn under the ‘Enhanced Growth As the analysis has proven, the impacts each station location. Scenario’. of Crossrail 2 and the Northern Line Extension on property values will be The Central Activity Zone (Euston/King’s Residential Sector Results substantial. However, it is not just Cross to Victoria) is likely to experience about value increases. These transport the biggest increases in absolute terms, The results from the residential sector schemes will help improve the economic reflecting the scale of existing office under the ‘Enhanced Growth Scenario’ efficiency and effectiveness of the stock in these areas. Battersea Power are summarised in Figure 3. The capital through the better integration of Station and Nine Elms are also likely to overall impacts on this sector could be people into the labour market and the see major absolute improvements, but particularly significant. Crossrail 2, for widening of opportunities. There will from virtually nothing, hence why the example, could lead to above trend be major regeneration benefits, as well relative increases in these locations will increases in residential values of £25.6bn as expanding a range of development be significant. under the ‘Enhanced Growth Scenario’ opportunities. with the NLE could see an increase in Overall, Crossrail 2 could see office residential values of up to £6.4bn. The In addition, these schemes will help

38 THE TERRIER - AUTUMN 2014 If walls could talk, what would your property assets say about your organisation?

People will always be the public We understand that no one organisation is the same, sector’s greatest asset but with growing which is why we offer a bespoke package of services, selected and adapted to meet your specific needs. demand and year-on-year funding cuts, property and its effective management is • Policy and strategy increasingly important to the successful • Estate management, planning and valuation delivery of public services. • Integrated design • Building maintenance and statutory compliance With expertise and planning, property has the • Sustainability and energy efficiency potential to reduce costs, generate revenue and • Property information and portfolio metrics release value for re-investment in services. For a longer term partnership - our unique approach The way a building is managed, designed or to joint ventures has been nationally acclaimed for maintained, therefore, speaks volumes about the its ability to support local authorities in delivering efficiency, performance and reputation of the efficiencies and quality services. organisation that owns it.

Melvyn Stone - Estates Director John Thornberry - Architectural Director 01603 706151 01603 706647 Mark Albanie - Asset Management Director Charles Tyndall - Building Surveying Director 01603 222257 01603 706030

Offices throughout the UK - nps.co.uk Figure 2 Scale of Impacts Office Sector

Figure 3 Scale of Impacts Residential Sector

40 THE TERRIER - AUTUMN 2014 in delivering the additional transport progress effectively and swiftly through How will this impact on the future capacity required post 2030. This will the planning process. economic geography of London? not be enough by itself, although it Crossrail 2 and the Northern Line will be a major contribution to keeping Funding and financing are of course Extension will help spread the value London moving. From the perspective going to be critical, and much has been heat map of London north and south, of Crossrail 2, a key step is gaining learned from Crossrail 1 and the funding and will help to further integrate eastern central government commitment to experience of other projects. A range London into the capital’s economy. To a progress the scheme and reaching of funding options could therefore be certain extent this is an ‘improving the consensus on the principles of the available – from grants and the fare box existing’ focus, creating an incremental project. Consultation has already begun to developer contributions, tax revenues – although significant – change in the on the possible route options, but it is and public asset sales. The critical issue, economic geography of London. It is important for the business community however, is gaining political agreement evolution rather than revolution. and the public generally to demonstrate to build the scheme. their support for the project if it is to

COMMUNITY ASSETS

Christine de Ferrars Green

Christine is a partner in the real estate practice at national law firm, Mills & Reeve LLP. Her work involves a wide range of property matters, specialising in development schemes. [email protected]

In this wide-ranging piece, Christine applications for registrations of assets The article by DCLG in the Summer considers some figures recently of community value and the success Terrier noted more than 1,200 assets published on registrations of assets rates, that is registrations being made have now been listed, presumably of community value under the Right following such applications. relying on full data from all local to Bid legislation and goes on to look planning authorities. Clearly, local at the opportunities for residents in DCS’s analysis showed that 87 of the communities have taken up the newly built developments to take responding local authorities had opportunity to seek protective listing. control of community facilities. received at least one application to Given the success rates and applications Finally, there is an update on register an asset of community value. In leading to registrations, the hurdle sustainable urban drainage systems. total, the responding local authorities of registration itself can be seen as had received 616 applications which comparatively low. But that is not to had, to the date of data collection, under-estimate the time and effort put Listing yielded 550 decisions and resulted in the in by community organisations seeking listing of 433 community assets. listing and the time and resource The 2014 Summer Terrier took a look dedicated by local planning authorities at local authority community asset Pubs came the top of the list – 155 were in considering those applications. transfers and also included an article listed, making up 36% of all of the listed from DCLG reporting on the support assets, at an approval rate of 88%. The Listing, of course, is only the first stage. being given by Whitehall through the data collected showed a significant One has to wonder how many of these localism agenda for community asset number of applications in relation to assets will, in due course, actually find ownership and management. community halls, open space, including their way into their communities’ hands. outdoor sport and recreation land and That will only happen when the current Shortly following publication, the also places of worship, car parks and owner is minded to sell. The Right to journal Planning wrote up a piece of allotments. Apparently, applications Bid gives the local community a short research undertaken by Development had also included 3 public toilets - listed; window, of 6 weeks, to bid and, possibly Control Services Limited (DCS). This and a train station, a petrol station and 5 more crucially, to raise the money, for an looked at data collected from 134 offices - all refused. open market purchase. There are many English local planning authorities on success stories already, often in relation 41 THE TERRIER - AUTUMN 2014 to pubs and village shops. Ever the optimist, the writer hopes that there will be many more in the future.

Section 106 opportunities

This article now turns to look at the other opportunities which local communities have to take on ownership and/or management and control of assets of community value in new communities, many of which will be the same as those prominent on registers of Assets of Community Value.

Almost all developments of more than a few dozen new homes will have s106 obligations attaching to their planning consent requiring the provision of public open space, to be enjoyed as amenity land for the benefit of the new residents. Letchworth Garden City On large scale sites, the list of public facilities required to be delivered as part of the planning gain can be extensive, but at the least expect there to be reasons, be applied long into the future embracing all types of recreational a strategy to set out a framework for the purposes for which they are paid. facilities from toddler playgrounds to “all for determining future ownership, age” urban gyms, football pitches and independent of the local authority. And there is another edge to this, as the like, to community halls, allotments well. Developers and landowners and community orchards or woodlands. This approach is likely to continue to of new housing developments of be driven in large part by ongoing any size are increasingly mindful of Until not so long ago, the developer constraints to local government finance, their reputations. They want to be of such schemes would expect to with councils having to concentrate remembered in the future for their part hand these assets over to the local expenditure on core statutory duties. in delivering (using Nick Boles’ phrase) authority, or parish council, on Many local authorities are also mindful “beautiful places”, stung by his (and completion, together with payment of the fact that they have diminishing shared by many others’) rather harshly of an appropriate commuted sum. resources in terms of experienced expressed criticism of those “pig ugly” Now, it is more common to see the officers and employees for managing housing estates that have been built in planning obligations dealing with long some types of assets and so they will not recent years. term ownership and control drawn be part of the council’s priority service more widely. Many still envisage the to local residents. Parks and recreation Stewardship model possibility of a local council, either departments are already reducing in parish or district taking a transfer, but size; in some areas it is predicted that One way of managing reputation and this is not necessarily the expected they will cease to exist in coming years. being remembered for the “right” outcome. So, councils may rightly be reluctant to reasons into the future is for landowners take on any responsibility for any more and developers to stay involved, directly In s106 agreements, local planning such facilities. and indirectly, by creating a lasting authorities can set out requirements positive legacy in the new places they for the preparation and approval of On the other side of this consideration help to create. They can do this by comprehensive estate management is the fact that many developers and establishing an enduring stewardship schemes for the long term management landowners are reluctant to have to model for the maintenance and and, vitally, the funding for future budget for the payment of significant management of the new community maintenance in perpetuity for the commuted sums. The payments facilities they have funded from the community assets brought into being involved eat into the overall commercial development profit arising on their through the planning agreements. viability of their development. scheme. Sometimes, landowners and Sometimes, these schemes will be Moreover, as local government finances developers may choose to participate specific and will provide for the transfer do not allow for ring fencing of the actively for the longer term. It is a well- to a community interest company or monies received, nor hypothecation trodden path – we only need remember management company owned by the for future expenditure, developers are the many landed estates, the historic residents of the new development. worried that the payments they make London estates and the philanthropists Other times they will be less directive, will not, for a range of well-explained who built the model villages at Port

42 THE TERRIER - AUTUMN 2014 Sunlight (Lever), Bourneville (Cadbury) and repair on an annual basis and over are now looking to stay in control for and New Earswick (Rowntree) and what the long term will be key determining longer that the initial development they have achieved over the centuries. factors influencing the right choice. phase. By taking a stake in the ongoing Also, it must be borne in mind that there community organisation, they can The model is also well demonstrated is little point in burdening a community ensure continued high quality amenity through the garden cities principle with a facility it cannot use or cannot services for the new community. of the long-term stewardship of afford to maintain, so care should be Landowners and developers can see community assets, lived out in an almost taken in the first instance that assets this role as place-making beyond unique way in Letchworth Garden City. which are created are truly needed. straightforward house building. With The Letchworth Garden City Heritage this new model comes innovative local Foundation is the successor to the Whichever legal structure is chosen to management organisations which have original development company for hold and manage assets, it is important the capacity to give new residents a real Letchworth. It manages an endowment for the governance of that organisation say in how the facilities delivered for of property assets and cash arising to be established to allow effective them are put to use. from the Garden City’s development operation and legitimacy in decision- over 100 and more years. This yields making, for the benefit of the local Sustainable urban an income to the tune of £10m on an community. This is most important drainage systems annual basis. This income is applied to where a local community is funding provide services to the local community, an organisation to deliver services A topical mention can be made to the which include a cinema, a museum, an and manage and maintain facilities future for sustainable urban drainage educational family farm, a community – whether through an annual estate systems (SuDS). DEFRA and DCLG hub, open space and funding for local management levy, or a parish council jointly issued a consultation paper at the clubs and community groups, and much precept. There should be a real role for beginning of September 2014 setting more besides. local communities in decision-making out plans to deliver SuDS through – by giving residents a place on the changes to the current planning regime, There are a number of key factors to be management board and in ensuring as an alternative to the approach taken into account when considering ongoing community engagement. envisaged by the Flood and Water how best to secure the future for Management Act 2010. The reason why community assets created in new and In some places, the traditional estate this is relevant to a piece on community existing communities. management company is being assets is that in new developments the reinvented. The commonly recognised SuDS can form an important element First, there needs to be a comprehensive model of the “plain vanilla” limited of shared open space. SuDS will usually plan, in the form of an estate company, established by a developer include some element of green space management strategy. This should and handed over to the residents of a and water bodies. These often provide be drawn up and implemented by an new development upon completion, a significant amenity value beyond the organisation which has the capacity may become a thing of history. Too surface water drainage function for and resources to see it through from often in the past, those companies have which the SuDs is created. the start to the finish of development been under-resourced, and wither and and beyond. That estate management decline, and the community assets with The consultation document addresses strategy must be flexible, to allow a them; or the management is passed the need for SuDS to be maintained development to progress and mature, across to a professional service provider to minimum standards, to ensure particularly given that large scale which operates in an impersonal way, continued effectiveness and suggests schemes will take decades to develop distant from the community and may fail the use of service management out in full. to engage with it in any meaningful and companies to do this. It also considers effective manner. That is not to say that the need for maintenance costs to be Secondly, there has to be a clear plan many are more successful, but it needs reasonable, acknowledging that they for what assets are to be put into the to be remembered that their functions are going to be paid by householders community’s hands. In tandem with were low-level when most major served by the SuDs. Looking into the that, there must be careful consideration community assets delivered through future, it is reasonable to expect that of the most suitable legal framework planning gain were handed over to a SuDS will not fall for adoption by SuDS for the stewardship body. Not all assets local authority for adoption. approval bodies at county or unitary need to go to a single organisation authority level, but where appropriate in or legal entity. So there is freedom Increasingly, we are seeing the new development schemes will become to choose between incorporated and traditional estate management another asset of community value to be unincorporated bodies, those with company being restyled as a community managed by and enjoyed by the local special charitable purposes and, not “land trust” or “development trust”. community. to forget, local existing public bodies Rather than the developer issuing shares such as a parish or district councils. to all residents at the same time as initial The type of use, the likely users and plot sales and, having built out, passing the anticipated cost of maintenance control to those residents, developers 43 THE TERRIER - AUTUMN 2014 Do you have the privilege?

Milton McIntosh Milton McIntosh warns that many surveyors misunderstand the rules on disclosure. He gives here a very clear Milton is a Consultant Solicitor at Excello Law and is a member of the RICS Dispute explanation on privilege. Resolution Professional Group Board. [email protected]

There is a tendency to assume that, at the disclosure stage of proceedings For example, if, ahead of serving a when a dispute arises in a property or, subsequently if documents are substantial service charge demand that context, say, regarding dilapidations created or located at a later stage. is likely to be disputed by tenants, the or a rent review, all communications landlord’s surveyor writes to advise between the client and the surveyor However, certain documents are their client of a possible unfavourable advisers will be protected from protected from disclosure, i.e. they interpretation of the service charge disclosure – “They are privileged, aren’t are ‘privileged’. One type of privilege clause, that advice will not be privileged. they?” is the common refrain. However, is ‘legal professional privilege’, which they may well not be. The scope of includes legal advice and litigation Surveyors should also be aware that, in privilege is much more limited than privilege. the context of Licensed Access (formerly most surveyors believe. Direct Professional Access) to barristers, Legal advice privilege the fact that they have taken on the So what is ‘privilege’? Privilege is role as professional instructing counsel concerned with the entitlement of a Legal advice privilege attaches to does not change the privilege rule. party to litigation to withhold relevant confidential communications between Surveyors are best advised to ensure evidence from production or disclosure a lawyer and their client for the purpose that counsel’s advice is addressed to the to another party to the dispute or to the of seeking and receiving legal advice. It client direct, to avoid any issue about court. In litigation, the starting point can apply at any time, whether or not the transmission of that advice through is that all documents relevant to the litigation is pending or contemplated. the surveyor. issues in dispute should be disclosed. The word ‘lawyer’ includes solicitors, This applies not only to documents that barristers, in-house lawyers and foreign Litigation privilege help the disclosing party’s case, but also lawyers. In the recent decision of R those that help the opposing party. It (on the application of Prudential plc) It is usually the scope of litigation can be a very inconvenient rule for the v Special Commissioner of Income privilege that is widely misunderstood party having to give up a damaging Tax [2013] the Supreme Court refused and narrower than is generally believed. document. to extend the scope of legal advice privilege to specialist accountants who This privilege protects from disclosure For example, if, after proceedings have give tax advice to clients. confidential communications between commenced in a boundary dispute, a a client and their lawyer, a client and party comes across a deed establishing Without question, legal advice privilege third parties and a client’s lawyer that the opposing party is correct in does not apply to surveyors giving and third parties. Thus a surveyor’s their claims about the true position of advice direct to clients outside the communications with their client and the boundary, the finder is duty bound context of a dispute regardless of the their client’s lawyer may be protected to disclose it to opposing party. legal content of that advice, which in under the rule. certain specialist areas may be very All relevant documents should be significant. The communication must be for included in the list that a party compiles the dominant purpose of litigation

44 THE TERRIER - AUTUMN 2014 that is either pending, reasonably works may have on the claim against the privilege. The communication should contemplated or existing. This includes old tenant may be protected. be directed via the client’s solicitors and tribunal hearings and arbitrations. The headed ‘Confidential and privileged – emphasis is on ‘dominant’; it does not Litigation, if not already existing, communication for the purpose of legal have to be the ‘exclusive’ purpose and must be ‘pending or reasonably advice’. However, it should be noted that a document prepared for a number of contemplated’. It is not sufficient to the heading used is not decisive. It is purposes, one of which is litigation, may show that there is a mere possibility content that matters, and in at least one be protected. of litigation, or that there is a distinct court decision, a very restrictive view possibility that someone might at some of the word ‘client‘ for the purposes of Thus, in the context of a rent review stage bring proceedings, or a general litigation advice privilege was taken. dispute, a valuation undertaken by apprehension of future litigation. a landlord’s valuers for mortgage This does not require the prospect of Ultimately, the safest course for a purposes may be disclosable, but litigation to be greater than 50%, but a surveyor to take prior to litigation advice from the same valuers as to the possibility that, sooner or later, someone being pending or contemplated is not approach the arbitrator may take to may make a claim. A general expectation to commit to writing anything where the valuation of the property for the of future litigation is not enough. disclosure to the other side would be purposes of making a settlement offer a concern; instead, hold a meeting or to the tenant would not. Similarly, in Practical steps telecon. a dilapidations dispute, discussions between the landlord and its letting The point at which litigation privilege is This article was first published in the agents about the effect the condition of triggered in any particular case depends RICS Property Journal, July/August 2014 the property may have on its lettability very much on the specific facts. If there may not be protected, while discussions is any doubt on the matter, it may be with building surveyors on the effect of sought to bring the communication undertaking different schemes of repair within the scope of legal advice

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45 THE TERRIER - AUTUMN 2014 33469 LSH TERRIER AD.indd 1 30/06/2014 14:48 LAND GRAB James Del Mar

James Del Mar heads up Knight Frank’s Rural Consultancy department and has responsibility for Knight Frank’s Compulsory Purchase Team. The team has over 100 years’ combined experience advising land and property owners who are affected by compulsory purchase issues and are heavily involved in HS2 and its knock-on effects.

Our clients include all types of property owners who are affected by a compulsory purchase order or who need to make a compensation claim. We specialise in farms, estates, rural businesses and high-value historic homes but also advise on residential The government’s appetite development and London properties. While typically the public sector may be acting as for improvements to national the acquiring authority in a CPO context, where infrastructure projects are concerned, infrastructure has implications for all we are finding that some of our public sector clients with rural land holdings also face the landowners. prospect of having their assets compulsorily acquired. [email protected]

For those with land portfolios in the ll The value of the property taken complex and often archaic. Valuations of south east, compulsory purchase – this can include future develop- severance and injurious affection claims is always on the agenda and never ment potential and marriage value; become much more complicated when more so than now. However, for those farms and businesses, which all tend to with land further afield, a general ll Severance and injurious affec- be unique, are involved. increase in infrastructure spending and tion – this applies where not all upgrades by the government and utility of a property is taken and covers In any case, the body acquiring the companies are affecting landowners any diminution in the value of land will have to pay for the cost of any across the country and schemes such as the retained land or business, for reasonable professional advice, so there HS2 have brought the subject into sharp example if a property is divided as really is no need to go through what can focus. a result of the development; often be quite a protracted and involved process without assistance. We also find When part of a portfolio is set to be ll Disturbance – this covers items that confirming the appropriateness of compulsorily purchased for a railway, such as moving and relocation a compensation settlement (and best road or pipeline, action needs to be costs, as well as crop loss and dam- value) in these instances can be more taken in order to ensure that the owner age. Disturbance compensation is easily achieved with the benefit of is fully and properly compensated and typically, but not always, limited to specialist third party advice. appropriate mitigation effected. occupiers of property; As with any CPO claim, in-depth The overriding tenet of the ll Professional fees – subject to the knowledge of local property markets compensation system is equivalence, usual proviso on “reasonableness”; backed up with convincing evidence that is to say the compensation received is vital to ensure fair compensation. should not put somebody in a better ll Betterment – if the scheme in some Particularly where rural land is or worse situation than they enjoyed way increases the value of any concerned, owners may not always be previously. Obviously, however, what retained property, by adding de- aware of the current strength of the that entails is open to interpretation, so velopment potential, for example, market for farmland. The land values arguing your case to make sure that you then this will be deducted from the reported in annual valuation figures may don’t lose out is vital. value of the claim. be different, for a number of reasons, from those which could actually be In common with all claims for The above and some further disturbance obtained on the open market. compulsory purchase compensation, measures for occupiers will affect rural a claim for compensation in respect portfolio tenants but in most cases It should also be remembered that of rural land may include some or all owners’ and occupiers’ claims are each claim for compensation will be of the following. The main areas that a separate. considered on its merits, and claims for statutory compensation claim will cover disturbance can include costs incurred are: Compensation legislation is very as a “direct, natural and reasonable

46 THE TERRIER - AUTUMN 2014 SUPPORT YOU CAN TRUST

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For further information contact: James Leaver +44 20 7861 1133 [email protected] Duncan Thomas +44 20 7861 5388 [email protected] Alastair Paul (rural property) +44 7768 232 922 [email protected]

KnightFrank.com consequence” of the acquisition. We CPO site closed, access to the adjoining such as noise, smell, vibration, fumes have examples of a utility company’s site is no longer possible. and light, and not, for example, the loss offer of compensation going from of the view from a property. £1,100 to £22,500 because the work Large infrastructure projects such as required the relocation of livestock railways, airports or roads invariably In the case of very large projects like during the project. affect many more people than just those HS2, which will not be operational for whose property is actually required many years and are likely to be political It is also possible to miss many to build the scheme. Local property hot potatoes, the government will often secondary opportunities which may markets can suffer, while the amenity introduce extra discretionary schemes to arise as a result of the CPO process. value of nearby houses can be affected soften the blow [Ed – see article by Gary Soil bunds created to reduce the by the likes of noise, vibrations and light. Sams in 2014 Summer Terrier]. impact from roads and rail, with space for further income creating bunds The statutory compensation available The incidence of settlements under or farmland improvement works, under such circumstances is limited and actual or threatened CPO is only likely are so often not considered. These considered by many of those affected to to increase over the next few years. Early opportunities need to be addressed be inadequate. Claims for general blight, action is essential to ensure ownership before a CPO notice has been issued. known as Part 1 claims, can usually and occupational arrangements are Often a secondary project is only only be made one year and one day appropriate to protect claimants, such capable of being pursued because after the scheme in question becomes that the full loss is recoverable and access to land adjoining the CPO (ie operational. Even then there are tight mitigated. the area for a soil bund) is only possible definitions about what represents an because of the CPO works. As soon as acceptable basis of claim. Claims can the works have been completed and the only cover objective physical factors

The Terrier

The Terrier is published quarterly by ACES. The inclusion of any individual article in the Terrier should not be tak- en as any indication that ACES approves of or agrees with the contents of the article.

ACES Secretary: Keith Jewsbury FRICS ACES Editor:

8 Coolidge Avenue Betty Albon FRICS Lancaster, LA1 5EH [email protected]

01524 745643 [email protected]

[email protected] ACES [email protected]

48 THE TERRIER - AUTUMN 2014 CPO – BEWARE, POWER FAILURE Stan Edwards

Stan Edwards is a Director of Evocati Consultancy specialising in CPO process and is also visiting lecturer in retail planning and development at Cardiff University. He worked on town centre retail and project managing CPOs over 40 years in Cwmbran, Land Authority for Wales and the WDA. He is also External Examiner in real estate Here Stan makes a whistle-stop tour to the Graduate Development Programme (Diploma /MSc) at the College of Estate of failed CPOs and gives reasons why. Management, University of Reading. [email protected]

CPO power has to be used deftly and will proceed; planning impedi- [T&CPA 1990] are expressed in wide unless the rules are carefully followed ments and alternatives; terms and can therefore be used by CPOs may be doomed to fail. Some such authorities to assemble land for causes of failure are constantly repeated ll Content – technical flaws; too regeneration and other schemes where and those who cannot remember the much land; too little land and flaws the range of activities or purposes past are condemned to repeat it (George in evidence base; proposed mean that no other single Santayana). specific compulsory purchase power ll Process - ability of owner to renovate. would be appropriate.” The reason for Introduction using the LGA 1972 for acquiring part of Power and interpretation - a public park was arguably to avoid the At the end of my previous article [Ed – selection provisions of s19 of the Acquisition of 2014 Spring Terrier] I left a cliff-hanger Land Act 1981 regarding replacement at the time of the close of the Inquiry The purpose for which an authority of ‘equally advantageous’ land or Special into the CPO in the centre of Banbury seeks to acquire land will determine the Parliamentary Procedure. promoted by Cherwell District Council statutory power under which compul- (The Cherwell District Council (The sory purchase is sought; and that, in Whereas there was a reasonable Crown House Site, Banbury) Compulsory turn, will influence the factors which the case against the justification for the Purchase Order 2013 The Housing Act confirming Minister will want to take Order, the decision at the Inquiry by 1985 and the Acquisition of Land Act into account in determining confirma- the objectors was to concentrate on 1981). The article deliberately focused tion. Authorities should look to use the a ‘knock-out blow’ in respect of the on the CPO power used and not the most specific power available for the selection of powers. The Inspector challenge to the justification for the purpose in mind, and only use a general decided to recommend confirmation of CPO. A decision has been given with power where unavoidable (06/04 paras the Order leaving the legality of the use the CPO not confirmed but not due 14 & 15). Normally the scope of the of the powers to that for the case for a to the power selection element – all intended works and their purpose will challenge - it never was. will become a little clearer later. It is appear from the formal resolutions or therefore opportune to also bring documents of the acquiring authority. Banbury together some other strands relating to CPO failures over recent years. A lesson was learned some years ago The flaws in the selection of the Housing regarding an objection to a CPO in Act 1985 (HA) power were pointed Reasons for failure respect of an inappropriate selection out to Cherwell District Council. The of powers. The project was a mixed Order for the Housing Act CPO itself All the areas below are addressed in used retail/housing scheme in the stated “Cherwell Council to purchase Circular 06/04. town centre. The promoting authority, compulsorily, for the purposes of in partnership with a developer, had regeneration and housing.” Given ll Power and interpretation – selec- used a mixture of 2 powers to secure that the Housing Act 1985 is a power tion and application; the scheme – the Local Government specifically in respect of the provision of Act 1972 and the Town and Country housing, regeneration was too wide. ll Context – justification; a compel- Planning Act 1990 (as amended). Only ling case in the public interest; a one power should be used. Appendix In the Statement of Reasons the scheme reasonable prospect the scheme A Circular 06/04 states “These powers was “to regenerate the Order Land 49 THE TERRIER - AUTUMN 2014 through the provision of approximately the inappropriate power is that it can had not done that or put the SoS in 33 new homes for rent (with ancillary cause a distraction. Much time could a position to do so and as in Bexley parking and amenity facilities) and a be spent on looking into the council’s (London Borough of Bexley v SSETR new retail unit, contributing to the wider intentions regarding delivering a stated (2011) EWHC Admin 323) the Order regeneration of Banbury Town Centre.” wider regeneration scheme using the could not lawfully be confirmed. Additionally, misstating “Section 17(1) HA power. (c) of the 1985 Act permits the council to Regeneration acquire land in connection with housing As it is there were bigger fish to fry. accommodation, for the provision of Whereas the acquiring authority’s (AA) The most relevant emerging Banbury shops and for other facilities which will prime argument was the provision of Masterplan is to promote regeneration, serve a beneficial purpose, in connection affordable housing and the removal of particularly of the Canalside area with the requirements of the persons the problems of Crown House labelled that includes the Order Lands. Three for whom the housing accommodation derelict, Slighte had over the years potential schemes were before the is provided.” Additionally, it stated that put forward a number of schemes Inquiry – the council’s and the 2 from the retail element was not focused on for regeneration. By including the the developer. While the first 2 broadly the housing element but to “increase regeneration element in the scheme, complied with planning policy, the hotel footfall to local businesses and provide Slighte could demonstrate that its 2 provision was criticized on grounds an additional small element of retail schemes - one for a hotel and the other of comprehensive development and space, which could potentially be made private housing (both with planning timing, (which could be applied equally available to new enterprises requiring permission) - were for regeneration. to the council’s scheme). premises.” Discussions had taken place with the AA, even including negotiations for the Need for affordable housing Circular 06/04 (50) Legal difficulties says AA to acquire the site, but it was at a that “ whilst only the Courts can rule on level not acceptable to Slighte, hence The benefits of affordable housing the validity of a compulsory purchase the AA proceeded to make the Order. delivery were not disputed and nor order, the confirming Minister would The council’s case did not turn on any were the statistics referred to by the AA, not think it right to confirm an order if it urgency but it rushed to promote the but such benefit must be weighed in appeared to be invalid, even if there had CPO, even though its own scheme was the balance against interference with been no objections to it. Where this is not even the subject of a planning private property rights. The council had the case, the relevant Minister will issue application at that time. a fund of £7m to spend on affordable a formal, reasoned decision refusing to housing, but that would not warrant a confirm the order.” It was unclear to Slighte whether the CPO as the money must be spent on AA had undertaken a fair balancing housing in any event. It seems that the Tactical power exclusion exercise as it declined to disclose even council had considered both bringing a redacted version of a report balancing empty properties into use and other Slighte Limited, the developer/owner, the competing considerations. Related sites without recourse to CPO. did not actually include the use of correspondence was put before the wrong powers in its Statement of Case. Secretary of State (SoS) for him to draw The case was not made that the CPO Reflecting on the above ‘knock-out’ his own inferences. The AA seemingly would meet a greater need than the scenario, there is much prudence in had not afforded any weight to Slighte’s planning system, even if the £7m was focusing on the other issues of the case schemes to develop the land and the used to provide affordable housing apart from whether or not the correct benefits they would bring, including elsewhere. The AA at the Inquiry power was used. The approach for the fact that Slighte would develop stated that it did not rely on the HCA Banbury was mainly fourfold: the Order Lands without compulsory grant funding that was the basis for purchase or calling on public money urgently seeking the CPO. Whatever 1. To avoid the distraction of arguing that is reserved for the purposes of the outcome of the CPO process, the a legal point housing Cherwell’s residents. monies would be put to a housing purpose by someone, but in any event 2. To focus on the owner’s own The Bexley Test the AA’s timetable was not consistent regeneration plans with obtaining the funding, which Circular 06/2004 requires there to required confirmation of the CPO and 3. To put the affordable housing be a compelling reason in the public the challenge period. The start on site requirement in context interest in support of a CPO to justify date was (at the time of the Inquiry) less the interference with the human rights than 4 months away. 4. To avoid the possibility of a of those with an interest in the land replacement CPO affected. It is a measure of last resort and Replacement avoidance public benefit must clearly outweigh Distraction avoidance private loss. These must be weighed Usually the big worry about objecting to in the balance, as must the disbenefits the use of the wrong power is that, if it The main reason for not focusing on of compulsory purchase. The Council is greatly significant, the Minister will be

50 THE TERRIER - AUTUMN 2014 very quick to refuse confirmation. Other the application and strict interpretation Bromley by Bow was gratifying in that things being satisfactory, it is possible of the empowering statute. Although the Inspector, it seems, was giving for a new CPO to be made adjusting the the Wolverhampton case (R (on the a deeper, welcomed focus, on the power and/or the characteristics of the application of Sainsbury’s Supermarkets guidelines and statute. Housing Act scheme. However, this was tactically Ltd) (Appellant) v Wolverhampton City CPOs concern me. Notwithstanding taken out of the equation by no legal Council and another (Respondents) the ‘empty houses’ CPO principle is of issue being made. [2010] UKSC 20) was specific to the great public interest, over familiarity, facts, related to the strict interpretation by many local authority housing CPOs, Inspector’s Conclusions of the T&CPA 1990 (as amended) causes sausage machine attitudes and particularly materiality and reasonably mentality. This can lead to complacency The Inspector concluded that all the related benefits including their flow, and an omission to understand the schemes before the Inquiry would connectivity, proximity, scale and gravity of each case and the seriousness generally accord with planning policy direction, it served greatly to remind of taking someone’s proprietary rights. and would provide regeneration authorities, advisors and promoters of benefits and there was little between CPOs of the importance of respecting Failures in CPOs have provoked a the proposals in terms of impediments the legal structure and requirements. review of some of the main reasons to implementation. Although serious why they fail and many points were need for affordable housing was Bromley by Bow made by Frank Orr (of Bond Dickenson acknowledged, at best, the proposal LLP Solicitors) on why some housing/ would provide less than 1% of the The Inspector in the Bromley by Bow planning CPOs failed. To follow are some affordable housing planned during the (BbB) CPO [Ed – see 2013/14 Winter cameos of failure, which practitioners in Plan period. In any event he deemed Terrier] was ‘switched-on’ to the specifics this field should note. it likely, due to redistribution, that not of the empowering Act. Since 2004 we all of the 40 proposed homes would have become used to the empowerment Mansfield - In a Mansfield CPO the failure be additional to the planned 285 of regeneration CPOs to be s226 of the was technical. In the Newspaper notices affordable homes in the wider Canalside Town & Country Planning Act 1990 and Order Maps they were undated with regeneration area. This possibility of (as amended). In this case the council no street names, house numbers or local some additional affordable homes had used s142 of the Local Government landmarks. The boundaries not clearly to be set against the draconian measure Planning and Land Act 1980 (LGPAL delineated and the numbering was hard of depriving a developer of its land. In Act). Under this statute there was a to define. There was no Table 2 and no this situation the Inspector found that specific requirement by the acquiring signed certificates provided. the Order was clearly not justified by a authority to find alternative premises compelling case in the public interest. for businesses affected by the CPO. The Bridlington - Here the Housing Act CPO specific requirement of the Act is stated case was well made out and the Order I feel satisfied in myself that an Act in the Circular that ‘so far as practicable, would have been confirmed if not for specifically for the delivery of housing to assist persons or businesses whose technical flaws. The Order Map included cannot be used for the purposes of property has been acquired, to relocate part of adjoining property in error. Here wider regeneration particularly where to land currently owned by the UDC.’ modification was possible without the T&CPA 1990 (as amended) is the The acquiring authority in that CPO prejudice to the scheme. However, the vehicle for delivering regeneration overlooked the basic regeneration ethos Order Map failed to include a rear single which includes housing. From this of its empowering Act to encourage storey extension – an integral part of stance it is easy to see why avoiding the development of both existing and the dwelling house and omitted the rear the discussion on power removed an new industry to achieve its regeneration yard of the property, so the description unnecessary legal distraction. Weighing objectives. of the area of land in the schedule the ultra vires power argument for was materially inaccurate. Circular future CPOs may perhaps be reserved There were additional defects regarding 06/04 para.51 the confirming Minister as a ‘knock-out’ for when the overall that CPO which, as with the London may confirm an order with or without objection to the justification to CPO is Road Fire Station, Manchester, fell foul modifications with limitations. There is, weak. CPO anoraks are still left with a of CPO principles majoring upon the however, no scope for the confirming fruitful area for legal discourse regarding failure to demonstrate a compelling case Minister to add to, or substitute, the the selection of CPO power under the in the public interest and a reasonable statutory purpose(s) for which it was Housing Act, notwithstanding I feel that prospect that the scheme would made. The power of modification is the argument may be settled easily by proceed. In BbB in particular a spotlight used sparingly and not to re-write focusing on strict interpretation. was put on socio-economic impacts and orders extensively. There is no need to that sceptically there were no significant modify an order solely to show a change Power and interpretation – reasons for urgency. of ownership where the acquiring application authority has acquired a relevant Other CPOs’ failure based on interest or interests after submitting It is not only in the selection of the CPO context, content and process the order. Some minor slips can be power that care has to be taken but in corrected, but not significant matters 51 THE TERRIER - AUTUMN 2014 such as the substitution of a different, or the SoS to decide: weight to be given ll the step-in by Newport CC Cabinet insertion of an additional, purpose. to the intentions of the landowner as in 2009 resolved to take over the ac- against previously indifferent delivery quisition and progress the scheme; In Bridlington there was no overall performance. ambiguity in the council’s intention ll Iceland Food’s legal challenge on but promoting authorities must follow Stowmarket - The decision for a mixed the grounds that an execution statutory requirements as to form, use, predominately A1 scheme in a of the General Vesting Deed was content and procedure. conservation area in Stowmarket is close unlawful primarily because that to my heart. Its components reflected the purpose was different from Islington - Many times CPOs are the way in which many ‘successful (?)’ that for which CPO was made and promoted when the justification is finely CPOs in the noughties were confirmed. confirmed; balanced. The Order was in respect of the disrepair of an empty ‘eyesore’ in An Area Action Plan (AAP) was in its draft ll The failure of Iceland’s challenge need of complete renovation and the stage and there were acknowledged but noting the Judge was not authority was able to demonstrate the benefits. However there was little made aware by Newport CC that need for housing. Here the Inspector attempt at negotiating interests and the details of the Modus pre let admitted from the evidence presented no offers made leading to the quote consisted of properties at the time that there is a likelihood that if the “the acquisition of land by negotiation occupying Commercial Street; properties remain with the owners, does not accord with the guidelines.” there is a reasonable prospect of their Additionally there was a lack of evidence ll the Judge’s decision significantly refurbishment/redevelopment within a of financial viability and lack of certainty held that the site was to be re-mar- relatively short space of time: planning of design and content particularly keted on the basis of existing terms permission was in place and a CPO was costs associated with existing users. and conditions and that the per- premature. The council was factually It was also felt that “it has not been mitted scheme could (in Cabinet’s wrong in its belief that the properties demonstrated that the commitment of view) still be delivered viably by were not occupied. The council had no the council’s development partner has obtaining alternative funding by formal agreements in place with any been sufficiently secured.” another developer; specific RSL or developer and so the Inspector concluded that a compelling Although an emerging AAP should be ll Newport CC sought a developer case was not clearly demonstrated. afforded weight, the proposed scheme partner and selected Queensberry included the relocation of the Untied Developments. In 2013 Queensber- Westminster - A CPO in Westminster Reform Church, a significant community ry Developments could not obtain revolved around the intentions of the use. This had not been tested in any market funding the scheme; parties. The Grade II Listed mid-terraced statutory planning process property was empty and there had been ll Newport CC has currently sought some squatting regarding which the The potential impediments to a £90m loan from the PWLB to pay owner had obtained a Possession Order. implementation and planning process the developer, a limited company, It was in a deteriorating condition and including the absence of any detailed to carry out the scheme. statutory notices had been received policy framework and an approved but not complied with. The council detailed scheme weighted against It seems to have been lost somewhere saw it as an eyesore and blight on the confirmation of the Order. There was no that this was a CPO scheme where the neighbourhood and would dispose of it demonstration of a reasonable prospect council should have fully assessed and to a RSL. that the scheme would proceed if demonstrated a compelling case in the confirmed. public interest and a reasonable prospect The owner had taken steps: £60,000 that the scheme would proceed. had already been spent but importantly Newport - If ever there was a CPO that there were planning issues to be should have failed on so many counts it Success in CPOs? resolved although Listed Building is the John Frost Square CPO, Newport Consent had been granted. A revised that also involved the ‘Iceland ‘High Every successive failure serves as a scheme was likely to have planning Court referral. For instance: reminder to authorities, advisors and officer support. The Inspector saw that promoters of CPOs of the importance the owners’ actions and monies spent ll the non compliance with policies of respecting the legal structure and constituted evidence to of intention in the Statement of Reasons, that requirements. to carry out works. It demonstrated the proposal should complement a strong financial incentive for the Commercial Street; The Editor acknowledges the support of owner to pursue refurbishment and John Roberts, Managing Editor of IRRV conversion. It was not clear that the ll the failure of the council’s preferred magazines (The Institute of Revenues council-preferred RSL would be in any developer - Modus Corovest New- Rating and Valuation) to publish an better financial position to develop than port Ltd. (Modus); abridged version of this article. the owner. Such a case was difficult for

52 THE TERRIER - AUTUMN 2014 LEGAL SNIPPETS

Below are extracts from Mills & Reeve “Property Matters” which are of relevance to public sector property professionals. My thanks to Mills and Reeve for letting me reproduce them.

Mills & Reeve: Property Matters [email protected] Chancel repair liability – an ongoing issue? Due to an historic quirk of English law, an insolvency), the new landowner will 2013. It is possible for the landowner certain properties located in the vicinity continue to be bound by chancel repair to then apply to the Land Registry to of a medieval parish have an obligation obligations, even where these have not remove such a notice. However, this can to pay the cost of repairing the chancel been not been protected by a notice. be a costly and time consuming process. of the parish church; often costing many thousands of pounds. The law Previously it was common to obtain The treatment of transfers for no value changed on 13 October 2013. However, chancel repair indemnity insurance and the Land Registry’s latest guidance landowners and prospective purchasers where records indicated that a property on chancel repair notices mean that, for should not assume that chancel repair is was within an area which had a potential the time being, chancel repair liability now a non-issue. chancel repair liability. This remains continues to be a relevant issue for good practice where a property is not property owners to discuss with their Last October’s change in the law was transferred for valuable consideration. legal advisers. designed to ensure that purchasers of registered land would not be bound Furthermore, the latest guidance by chancel repair obligations unless produced on this issue by the Land the right to demand payment from the Registry indicates that a notice landowner had been protected by the purporting to protect a chancel repair entry of a notice at the Land Registry. obligation can still be entered on the However, where a transfer of land is registered title to a property, even where made for no valuable consideration that property has been transferred for (e.g. a gift, an inheritance or following valuable consideration since 12 October

53 THE TERRIER - AUTUMN 2014 Landlord fails in appeal to overturn damages award of £181,000 for unreasonably withholding consent to assignment

In the absence of an absolute 2. the tenant must notify the landlord interest, which was upheld on appeal. prohibition against assignment, when to enable him to inspect the a tenant makes a request to its landlord rectifications; and Although clearly a question of fact and to assign a lease, the landlord is under degree in each situation, landlords must a statutory duty not to unreasonably 3. the tenant must have stopped give careful consideration to whether withhold consent, to respond to the trespassing on the landlord’s breaches of covenant are sufficiently tenant’s request within a reasonable adjoining premises. serious to withhold consent. In addition, time and to provide its decision, this case is a useful reminder that it is including any conditions, in writing. The tenant did not like these conditions the landlord who has the burden of and issued proceedings against the demonstrating reasonableness and of In the recent case of Singh v Dhanji landlord for breach of its statutory duty. the duties that the landlord is under the landlord attempted to impose the when its tenant makes a request to following conditions to the proposed The court found for the tenant on the assign its lease. assignment by its tenant of a lease of a basis that the alleged breaches by the dental practice: tenant were not sufficiently serious so as to make it reasonable to withhold 1. the tenant must have remedied its consent. The tenant was awarded breaches of covenant; £183,000 in damages plus £31,000 in

Wear and Tear - landlords and tenants beware!

The commercial lettings market has therefore making dilapidations at the end of a tenancy. Having an undoubtedly witnessed a resurgence processes more frequent as a matter of understanding at the beginning of the in recent times especially in the retail course. process will benefit financial planning sector. However, along with this for both parties – an accurate forecast of increasing activity, the market is also Before the economic crash, landlords potential costs upon lease termination experiencing a parallel increase in would often take a view in respect of a will lessen the impact when (or if) a respect of the volume of instructions dilapidations claim, and absorb the costs schedule of dilapidations is served by a for dilapidations matters at the end of a themselves in order to secure a new landlord. lease term. tenant quickly. However, in a market which is recovering but where there Therefore, the key consideration for To explain this increase, aside from is still significant pressure to minimise landlords and tenants alike is to consider the upturn in the lettings market, the costs and expenditure, landlords are the implications of dilapidations from general consensus among property starting to focus increasingly more the outset, be well advised, and above professionals is that lease terms as a on recovering costs from tenants and all plan ahead to minimise the impact whole are shorter (with the average protecting the asset value. for potential wants of disrepair further lease length now considered to be down the line. approximately 5.8 years in contrast to Both landlords and tenants ought to the 15-25 year lease terms typically understand the financial implications granted before the economic crisis) of buildings being left in disrepair

54 THE TERRIER - AUTUMN 2014 Branches News

RICHARD ALLEN, HEART OF ENGLAND BRANCH

Both Andrew Wild, ACES President and Betty Albon, Editor were guests of the branch at its 3 July meeting hosted by Rutland County Council. It was held at the Oakham Enterprise Park, and as was evident by the high security fencing that welcomed the 20 plus members, substitutes and guests that attended, the park is a former prison still in transition.

The morning session started with a number of presentations on the Oakham Enterprise Park. Councillor Terry King, Deputy Leader of Rutland County Council and Portfolio Holder for Places (Development) and Finance who gave a brief history of the site from World War 2, through development as a prison and the riot in April 2009 which led to its closure in 2011. encouraged) to developing a vision for Following the presentations there was a The site, comprising 23 acres and over the site, producing a delivery strategy tour of the site to view in particular the 100,000 sq ft of buildings, was identified and procuring contractors. sports hall and extensive former prison by the council as an ideal opportunity kitchens being marketed as a food to provide accommodation for start- James Frieland, Business Manager for production opportunity. up businesses and community use. It the Enterprise Park next spoke on the had been acquired in January 2013 marketing and tenant engagement. Although the development was from the Ministry of Justice for what The major challenge from the outset being undertaken by a young and he considered to be a bargain £1.3m, was to sell the vision by moving the inexperienced team, it was clear from based on an independent valuation perception of the site from ‘razor wire their enthusiasm and commitment for produced by the Valuation Office. The to porches’. Rightmove was being used the project that it will be a success and only condition attached to the purchase to market the accommodation and become over time a significant asset for was that the site could not be used for produce a professional image, but James the smallest county in England. It was retailing. had also become a big user and fan of also pleasing that during the meeting Twitter to engage community buy-in branch members with development Pritesh Parmer, Property Manager, then and pick up tenants. Once a tenant had experience were able to offer advice to spoke on the development of the site been identified, there was a maximum the team. as an enterprise park, highlighting the of 8 weeks’ turnaround to adapt a unit steep learning curve the development for occupation. The park was almost Just before lunch Colin Packman, team went through addressing self-sufficient as the 35 business tenants Government Property Unit (GPU), gave challenges ranging from being handed already on site included a microbrewery, an update on government’s Estates a huge box of keys which then had to dating agency, an events zone, judo Strategy, including the Strategic Land be matched to many hundreds of key club, import/export and various IT and Property Review and One Public holes, understanding the services which operations. Finally, Lewis Hopcroft, Estate. He said that since 2010, in the were provided on site without any Building Surveyor, spoke on community 2014 Budget statement, government operational data, recording asbestos, engagement and the proposals to departments had committed to reforms providing appropriate fire escapes to refurbish the former prison sports hall that will release £3.5bn of property and a meet regulations (as it had previously for a major leisure facility. further £1.5bn is to be released through been a prison, escape was clearly not operational reviews and rationalisation 55 THE TERRIER - AUTUMN 2014 through regional place-based strategies substitute attendees at the meeting and Hinckley and Bosworth, Leicestershire to share services. Part of the policy of it was mentioned that in other branches and Nottinghamshire Councils. reforms to improve the release of public attendances are being boosted by ACES land includes a new role for the HCA by members taking more junior staff to All authorities had as targets the 2015 to dispose of surplus development meetings as part of their professional reduction of property costs and land, the introduction of the ‘right to development. number of properties held and some contest’ and the GPU is working on the were moving to a corporate landlord public and property aspects of Growth Andrew spoke about his role as approach. Actions mentioned included: Deals. President for the year and his themes combining office use, joint working and aims which are: promoting between county/district authorities; The One Public Estate joint initiative opportunities for young people within creating public sector hubs; centralising between the GPU and Local Government member organisations particularly support services and adopting Association is looking to create through the Chartered Surveyors common systems; strategic approach economic growth, generate capital Training Trust, upgrading the ACES to procurement; mobile and flexible receipts, reduce running costs and website, modernisation of ACES as working; better energy performance deliver more integrated and customer a brand through the use of 3Fox management; savings through fewer focused services. The central civil service International, working with the RICS and easier office moves; relocating staff office estate represents only 15% of nationally and other organisations such vending machines into public areas; the total public sector estate with two as CIPFA and COPROP to support CPD, rationalisation of museums, community thirds of public land and property identifying the ACES contribution to centres, elderly persons homes, youth owned locally. There is thus great scope the public sector through the use of services, playing fields, libraries with to achieve estate consolidation and the Terrier and better public relations. some going to community groups who rationalisation across the wider public Andrew also promoted the ACES Award were incorporating cafes and crèches, sector and align with the national drive for Excellence and his Presidential and scout huts being sold to occupying to use surplus public assets to promote Conference on 11/12 September in lessees; utilising prudential borrowing to growth. Twenty more authorities are London. He was asked whether the acquire investments with yields in excess to be included in a One Public Estate Association was considering a name of 7.5% to boost income and loans to Extension (OPEXt) programme still to be change to something that better developers to support town centre announced. reflected the current position, such as redevelopment; innovative movement ‘Association of Property Professionals in of general and housing revenue funds; During the afternoon meeting it was the Public Sector’ as had been suggested use of in house resources instead of reported that the follow up joint RICS/ by the Branch. He replied that the name external consultants; renegotiation ACES CPD workshop had unfortunately had been discussed at length by Council. of FM contracts; business process not materialised. Andrew Wild, as ACES The conclusion was that the ACES name engineering; generating fee income President, said he would raise with and logo is well known and regarded from trading professional services; the RICS the fact that the local joint and so it should be retained, but there clearing backlog of rent reviews and ACES/RICS is not working as hoped. He may be an explanatory ‘strapline’. lease renewals. did mention though that ACES/RICS nationally were working on developing Betty, Editor, did not miss the Lessons learnt included need to really a CPD roadshow that would go around opportunity to say that she was always know and understand the cost base, the branches, who would just have to looking for articles from ACES members staff teams and thoroughly plan for organise venues. and pointed out that in the last edition cultural changes such as hot desking of the Terrier over 50% of the articles and use of flexible IT; hidden costs such Since the last meeting Richard Allen were from members. Since taking over as lease termination works/dilapidations, had presented the ACES cash prize and the ‘Editor in Chief’ role, she has been terminating IT agreements and certificate to the winner of the Trent impressed by how widely the Terrier replacing furniture. Easiest savings were University Local Authority Corporate is read outside ACES as it is picked up where service and property services Real Estate coursework. The winner was through the website. Both the RICS and were aligned. Moves/refurbishments Silke Saur, a German exchange student DCLG support the Terrier and it was always seemed to trigger refurbishment/ on the ERAMUS programme. The mentioned that DCLG uses ACES as a remodelling costs. With transfers to course leader at the university was very sounding board for new proposals and community groups, officers need to pleased with the support that had been values the ACES contribution highly [Ed assist as groups need advice but set and provided by ACES and both Nottingham – see DCLG article in this Terrier]. stick to timescales and allow run-in time City and Nottinghamshire County so leases are in place before closure, Councils. It is proposed to continue The focus of the main meeting was which avoids voids/unauthorised the arrangement next year. An edited on how authorities were achieving occupation. version of the coursework appeared in budget savings through their property the 2014 Summer Terrier. strategies and short presentations Tensions with centralised property/ were given by members from Sandwell, service reviews were who benefits from It was good to see a number of member Warwickshire, Luton, Mansfield, Rutland, savings, gaining authority for disposals/

56 THE TERRIER - AUTUMN 2014 acquisitions as increased interest from transparency project, which is time value of development land and when members and with community asset consuming in respect of inputting data. payment should be made; and how to transfers balancing maximising capital value land for crematoria. receipts against community benefit. Under valuation issues, a question was raised and a discussion took place on the The next meeting will be held on There was a discussion on how much setting up of a ‘promotional agreement’ Thursday, 6 November 2014 in Bedford. information is required for the data to maximise planning potential and It will also include the Branch AGM.

DUNCAN BLACKIE, EASTERN BRANCH

The branch and CPD meeting was held of issues/solutions and to invite Eastern was necessary to acquire an edge on 4 July at Cambridge Fire Station, Branch colleagues to contribute further. of town site to provide training fa- attended by 32 delegates. cilities for the crews based in Cam- A number of formal CPD presentations bridge. [Ed - rather excitingly, the Vice Chairman, Brian Prettyman opened were made sirens went off during the meeting the Branch Meeting and commenced and 2 engines roared away] with branch business. Thanks were ll Anthony Walters RICS – CPD given to Cambridge Fire and Rescue [Ed – see article in 2014 Summer ll Debbi White, Property Lead at St Service for providing a splendid venue Terrier on CPD] Albans City and District in the centre of Cambridge [Ed - and an Debbi’s presentation focussed on even more splendid lunch!]. Notice was ll Emma Fitzgibbon, RICS – Policy a recent efficiency and workstyle also given of the East of England Asset Emma answered the question project undertaken by the city Management master class to be held at ‘what does the RICS do for us?’ In council in conjunction with public West Suffolk House Bury St Edmunds on particular, she advised that there sector partners in the city centre. 26 September. had been significant growth in This was intended to provide a press coverage and how RICS has good case study for discussion. The In an initial open forum discussion, it geared up to present a positive im- objectives were: was noted that a number of councils age of the profession. Emma asked Efficiencies – open plan, shared had recently reverted to a committee how aware/involved members desks, new office protocols, system. The advice given was that it was were with viability assessments reduced file storage, improved important to establish a good scheme relating to development and ensur- archiving; of delegation and have an informal ing that community infrastructure Environment - printers reduced sounding board with members. Some was provided. It was concluded from 39 to 18, worker satisfaction ACES members had found that with that this would be a good area to measured and improved, refurbish- amalgamation of departments (notably explore further at a future meeting ment; property with finance), the one-to- Collaboration - Herts Constabulary one relationship with the delegated ll Danny Rust, Property Lead at Cam- gave up their building and shared councillor for property can be eroded. bridge Fire and Rescue space; Danny explained that the CFRS Regeneration - vacation of the Observations were made on the trend estate comprises around 30 fire police building will unlock a sub- of some councils to invest in commercial stations of various types plus HQ, stantial redevelopment site within property, sometimes outside their area. training and vehicle repair facilities. the 1960s civic quarter of the city [Ed – see article in 2014 Summer Terrier The Cambridge Fire Station had [Ed – see full article by Debbi in this on property investment strategies opened in June 2013. The rede- edition] and Richard’s Heart branch report velopment had been entirely in this edition]. Other councils have funded through a joint venture ll Workshop session to consider ACES invested in or set up an arm’s length with Grosvenor Estates whereby questionnaire company to acquire and manage residential apartments where Colleagues broke to 4 county residential investments, including developed above. The original fire based groups for discussion of the private rented. Members concluded that station that occupied this site was questionnaire being promoted commercialisation would be a good area constructed in 1964 and accounted by Andrew Wild, ACES President. to study at future meetings. for 20% of all CFRS floor area. The Some key points were: new facility is 50% of the size of Telecommunications was discussed the original but is still of significant Essex - main driver cost reduction and practice seems to vary across the size – 1,500 sq m. There will be through transformation. Services branch. Interested colleagues were lower maintenance costs and lower have been outsourced. At district invited to compile and circulate a table carbon emissions. In addition it level, there is clearly an appetite 57 THE TERRIER - AUTUMN 2014 to generate further revenue to cil. Shared services in a number of shared service arrangements make up for shortfalls anticipated locations by 2018. The commercialisation Cambridgeshire – Making Assets agenda is clearly a very important Suffolk and Norfolk – one small Count project (Ed - ACES award theme for property managers. project which perhaps exemplifies for Excellence 2012] for collabora- EPAM [Essex Property Asset Map] good practice is the Brandon Cen- tive working, including strategy, funded by East of England LGA, tre in Suffolk. This former library mapping, joint use. LGSS joint has provided a simple low cost and is now a multi-use centre which is venture between Cambridgeshire transparent way to show public managed by the third sector with a and Northamptonshire to provide sector land ownership. This has truly shared service at the recep- support services, including prop- resulted in a number of reviews/ tion desk. [Ed – see 2013/14 Winter erty, growth projects in the cities challenges being undertaken Terrier]. Other examples include of Cambridge and Peterborough, setting up Norse Group [which and a range of income producing Hertfordshire – rationalisation of includes NPS], Norfolk county hall initiatives are in train including in office space, for example, N. Herts refurbishment, Suffolk office cen- relation to farms estates and green going from 3 offices to one. Police tralisation into key hubs, co-located energy. co-locating with Three Rivers Coun- with partners and in pursuance of

CHRIS RHODES, LONDON BRANCH

A full day of activity was arranged for the area of the south bank between transfers. Members also discussed their July meeting of London branch, starting Battersea Park and Vauxhall. experiences of valuation assumptions. with a visit to the Battersea Power Station development and a presentation Members moved on to Battersea and Branch noted with regret the retirement on this scheme given by its Head of lunch prior to the branch meeting kindly of Tim Foster and Colin Bradford from Estate Management. hosted by Andy Algar at Wandsworth the ACES Secretariat and discussed Town Hall. David Warner of London other matters including outsourcing, Colleagues heard that the scheme will Funders gave a presentation on this house building programmes, investment cover an area of 40 acres and deliver body which brings together public opportunities and the second wave 2.5m sq ft of mixed use development sector funders and commissioners, of the One Public Estate initiative. scheduled to complete by 2019 with social and corporate investors and Colleagues from the Cabinet Office the first phase expected by 2016. The others to invest in London through a reported on the status of national landmark power station building will variety of channels. An example was property controls and the ongoing contain residential, retail, office and given of small parcels of land without central government review of leisure space including an indoor food obvious financial value which could be departmental holdings. court with vehicle access. The wider turned to social action with a revenue scheme costing an estimated £8bn will funding stream. The organisation could In September the branch met at take advantage of the riverside location also support community asset disposal Southwark Council’s offices and hosted and the 250 apartments in the first and help with small clusters of housing Andrew Wild as part of his presidential phase were quickly reserved. Blocks for supported living. tour of the branches. Andrew spoke surrounding the main building have of his aims for ACES and opportunities been designed by Frank Gehry and The meeting heard an update on for improved links with bodies such as Norman Foster. arrangements for the ACES annual RICS and CIPFA to build on gains made conference and a draw took place to already. The meeting took place shortly Years of uncertainty and abortive plans decide which member authorities after the Presidential Conference which have left the power station itself in a would receive a place sponsored by it was felt had been well organised and poor state, with the famous quartet London Branch from its own funds. well supported by London members. of chimneys needing to be rebuilt, Barnet, Lewisham and Sutton boroughs The meeting also heard feedback from ahead of the conversion. The scheme’s were chosen along with Public Health the ACES Council meeting in Manchester proposed 800 homes will generate England. Members went on to discuss at the end of August [Ed – see separate transport needs which will be addressed education property as a growing area report in this Terrier]. Topics for through several new rail stations and of activity for many members, given presentations over the following year an extension to the Northern Line. the population increase in greater were invited and discussed. Development of this former industrial London and the shortage of school area will complement the plans for places. Topics covered included A general round-up of issues affecting the new US Embassy and New Covent free schools and academies and members covered a land appropriation Garden Market, regenerating a large arrangements for property disposals and exercise by Transport for London,

58 THE TERRIER - AUTUMN 2014 school transfer repair obligations, office Agency and the Probation Service. the Annual Meeting in November. rationalisation projects, procurement of Andrew Wild presented a gift to Geoff house building and market conditions, With the end of the year fast Clark to mark his retirement from local restructuring and portfolio reviews. approaching, the arrangements for government. Central government matters included our Christmas dinner were confirmed new arrangements for the Borders and members were asked to support

ACES NORTH EAST BRANCH - STUDENT PRIZES John Read

The NE branch usually awards prizes each year to students from both Sheffield Hallam and Northumbria Universities. In memory of David Roxburgh who was both passionate and expert about both rating and compulsory purchase, the Branch Executive thought that the branch should offer a discretionary prize to a student who produced an excellent piece of work on either of the above topics.

ACES North East Branch - David Roxburgh Memorial Prize

This prize was awarded to Harriet Frank of Northumbria University for an essay which she submitted as one of her assignments in the Compulsory Purchase Harriet receiving the prize from Faculty Business Manager Jan Stafford and Compensation Module as part of her Estate Management degree. It was presented at the Northumbria University Faculty of Engineering and Environment Award Ceremony on 9 July 2014.

The essay examined the proposed use of compulsory purchase powers by the London Borough of Hammersmith and Fulham in relation to the land and buildings at Shepherd’s Bush Market and assessed whether or not the council’s scheme complied with the relevant statutory powers and the guidance set out in DCLG Circular 06/04. Harriet explored the history of the market, its current condition and future prospects before examining the council’s plans for the site. The essay included an analysis of the actions the acquiring authority had taken to date and an evaluation of the main challenges they have faced in promoting the order. The essay concluded that although it was clear that would be economic and environmental gains from the council’s James receiving his prize from Alison Johnston representing ACES 59 THE TERRIER - AUTUMN 2014 proposed scheme, more work was The prize was awarded to James The subject was the Appraisal of St needed to engage local residents and Cornish, a student in his final year Stephen’s Regeneration Project at business owners in the project. BSc Estate Management course at Ferensway, Kingston upon Hull. A Northumbria University. He was also summary follows. ACES North East Branch Prize – Best presented with his prize at the Award Regeneration Assignment Prize Ceremony on 9 July.

APPRAISAL OF ST STEPHEN’S REGENERATION PROJECT James Cornish

This is a summary of James’ prize- performance venue. Hull City Council providing a range of dwellings that winning assignment awarded by the provided a grant of £475,000 toward its would appeal to both existing and North East branch for its annual Best redevelopment (3). new residents and to ensure that a Regeneration Award. James is a Final sufficient skills base was retained. The Year BSc (Hons) Estate Management The site was developed by ING Real original St Stephen’s plans included a student at Northumbria University Estate UK Ltd. in partnership with second phase of development (planned and the project is set at Ferensway, Hull City Council, Yorkshire Forward, for commencement in 2008) for the Kingston upon Hull. English Partnerships and Hull development of 220 homes on the land Citybuild. According to Planning’s adjoining Spring Street. Top 100 Regeneration Projects, ING The St Stephen’s regeneration scheme invested £100m in the scheme, with In addition, the redevelopment of is located on a 40 acre site behind a public sector contribution of £30m Hull Paragon Station aimed to make Hull’s Paragon Station, fronting onto being provided through the Regional accessing the city a more appealing Ferensway to the West of the city Development Agency, Yorkshire Forward prospect, increasing footfall and hence centre, conceptualisation for which was (4). The completed development was visitor spending. Its aim was to draw in formulated during the late 1990s with purchased by British Land for £130m. shoppers from across the East Riding of construction commencing in 2005. It Yorkshire, who would otherwise look is a retail-led, mixed-use development, The primary aim of the St Stephen’s to travel to Leeds, York or Sheffield. comprising primarily shops, cafés, project was to reinvigorate Hull as a Another major aim was to increase Hull’s bars and restaurants. In total, the plan major retail destination within the civic appeal, making it the destination comprised 30,000 sq m of retail space region: of choice for cultural pursuits within (1). Also included within the scheme the region. This had already been was the redevelopment of Hull Paragon ‘The St Stephens scheme at Ferensway achieved in part by the successfulness station and transport interchange, the which will further shift the retail focus to of The Deep’s scheme at the Humber Hull Truck Theatre, Albemarle Music the west of the city centre, and claim back Docks in 2002. It was expected that the Centre and the construction of a 120 some £30m in spending to the city centre’ redevelopment of the Hull Truck Theatre bedroom hotel. The total investment in (Hull Citybuild, 2003). and Albemarle Music School would help the scheme was £200m (2). to achieve this outcome. St Stephen’s was the first commercial The station was extensively redeveloped development that the city had seen As well as attracting spending to and merged with the bus station in for 20 years, since the opening of the Hull’s economy, the scheme aimed to order to create a single transport nearby Princes Quay in 1991. It was provide 2,500 new jobs for the city, interchange and improve transport therefore seen as the start of Hull’s with investment into the skills base of links to other areas of the city. The total economic renaissance, spreading an the current population. Public sector investment in the station and transport air of positivity into what had become organisations were instrumental in interchange equated to £18m. The a declining city. As part of Hull’s Urban the site remediation and development £15m redevelopment of the Hull Truck Renaissance, Hull Citybuild’s aim was of the scheme. Hull Citybuild was Theatre included a £4m lottery funding to replace the previous sporadically responsible for forming the private grant as well as funding from Hull located retail areas within the city centre sector investment contracts that secured City Council, Yorkshire Forward, the with a ‘strong retail circuit’, providing the project’s funding. The total public European Regional Development Fund shoppers with a more appealing sector funding of the scheme, according and ING Real Estate Ltd. (Arts Council environment and encouraging prime to Planning Magazine, was £30m. England, 2013). A further £3m was retail investment as a result. In order invested in the Albemarle Music Centre, to further facilitate the renaissance, it Project evaluation which would act as a driver for children was hoped that the city centre’s core to take up music in school as well as a population would be increased by One way to measure the success of the

60 THE TERRIER - AUTUMN 2014 scheme is to compare its outcomes due to the manufacturing decline in It is also estimated that the amount against the main aims and objectives set the 1990s were particularly targeted. of spending from outside of the city out in the Hull City Centre Masterplan, In order to develop new skills among boundary has increased. Jim Harris, the as well as local, regional and national the population of ex-factory workers centre manager stated that: policy. (now unemployed), Hull City Council worked in partnership with Hull College ‘there was a concerted effort to target Hull Paragon Station in order to set up a ‘Retail Academy’, and attract wealthy shoppers from the offering training and qualifications in outskirts of Hull who had previously The physical appearance of the area areas such as retail, logistics, customer shopped further afield’ (Harris, J, 2013, has been improved dramatically. services and management. By targeting quoted in Retailweek, 2013). Firstly, the fact that Paragon Station Hull’s existing population, this avoided has been transformed to reveal the creating a gentrification effect, therefore By attracting people from outside Hull, original Victorian frontage provides a aiding the regeneration of the city as a the scheme is contributing towards the welcoming first impression for visitors whole. A recruitment fair took place in urban renaissance of the city, the aim of to the city and adds to its appeal as September 2007 (upon completion of which is to regenerate and repopulate a cultural attraction, as opposed to the scheme) in order to promote the job the city. By bringing people in from the being a product of industrial decline. vacancies created. affluent surrounding areas, spending From the 1960s until the St Stephen’s will also be encouraged elsewhere in regeneration, Hull’s Paragon Station According to Planning Resource, 1,268 the city. If the retail appeal of the city is was seen as an eye-sore by visitors and new jobs were created as a result of the improved, so is its overall appeal: hence residents alike: an austere office block scheme, of which 80% were taken by making the city a more attractive place covered the station’s main frontage local people. In addition, is it claimed to live. This has been achieved not only onto Ferensway. As part of the St that 68% of the new jobs were filled due to the commercial success of the Stephen’s regeneration scheme, the by people living in deprived areas of retail scheme but by the ease of access office block was demolished and the the city. This is in line with the Hull of the city in terms of the infrastructure original frontage renovated, revealing City Centre Masterplan, which set out that has been provided by the scheme. the original station façade. The new to reduce disadvantage in the city, of transport interchange now delivers which unemployment was a major The Community 24,000 people to the St Stephen’s contributor. Although the total eventual development every day. jobs created were less than the original The benefits of the scheme are not target of 2,500, based upon the fact limited to its commercial success. The City core that the majority of the jobs went St Stephen’s scheme has also helped to people who would otherwise be to benefit the community in terms of The original site previously formed the unemployed, it could be argued that fund raising and practical support, with western edge of the city centre. The site the project was very successful in terms £38,000 raised for the local community previously comprised a combination of aiding Hull’s urban renaissance and during 2012 and as a result, winning of wasteland and derelict industrial setting the precedent for investment the Mail Business Awards Contribution buildings. The scheme has transformed in similar future schemes. The people to the Community 2011. As mentioned this abandoned area into a prime in new employment within the city are previously, the community has also commercial and cultural attraction. now able to contribute further towards benefitted from the collaboration with Since its development, the boundary Hull’s economy, hence fulfilling the aims Hull City College for delivering training of the central commercial district has set out by English Partnerships in their to the unemployed. British Land states been expanded and Hull Citybuild’s national strategy. that since the opening of the centre in aim to make this shift has therefore 2007, 100 unemployed young people been fulfilled. Transport links have been The Economy have participated in the ‘get into retail’ greatly improved, making accessing the programme at St Stephen’s. development (and the city centre as a In a commercial sense, the whole) easier. Margaret Moxon Way, the development was extremely successful, Culture street dividing the shopping centre and with the retail units fully let by May the transport interchange, is now said to 2011 and anchored by a large Tesco The city as a whole has benefitted support 280 bus movements every hour superstore and a Superdry store. This from the cultural additions brought (Bondholderscheme, 2013). contrasts with the national average about by the scheme, most notably vacancy rate in shopping centres, of with the recent announcement that it Employment 15.6%. This demonstrates that, even has received status as the UK City of during the recession, the confidence Culture 2017. The Hull Truck Theatre A concerted effort was made as part of retailers and consumers was upheld is listed as one of the contributors to of the regeneration project to ensure within the centre. Within the centre’s this accolade, providing a venue for that local people benefitted from the first year of opening, footfall reached local talent to flourish and attracting an new jobs created from the scheme. 8.5m and rose to 11m during the estimated 70,000 people per year to its Those lacking the appropriate skills following 3 year period. productions. 61 THE TERRIER - AUTUMN 2014 Awards The scheme also did not deliver the Footnotes: proposed 220 new homes originally The scheme was awarded the RICS ‘Best included within the plan, due to the 1. City Centre Masterplan at: http:// Regeneration Project in Yorkshire’ award economic downturn in 2008. The www.hull.co.uk/template02. in 2008, as well as Regeneration and residential element of Hull’s City Centre asp?pageid=201 Renewal’s Best Mixed Use Regeneration Masterplan was therefore not fulfilled: Scheme in 2009. the housing phase of the scheme did 2. http://www.hullcc.gov.uk/portal/ not materialise, nor did the scheme page?_pageid=293,642453&_ Conclusions improve the conditions for current dad=portal&_schema=PORTAL residents. The future needs to see Although St Stephen’s was primarily investment in affordable residential 3. http://www.musiced.co.uk/ retail-led, it is still very much a ‘Flagship’ city centre accommodation in order teachers/extra/lea2009/major.html scheme: it has undoubtedly acted as a to provide a more prosperous living catalyst for future city centre investment. environment for Hull’s current residents. 4. http://www.planningresource. Despite this, there is an argument to co.uk/article/642575/top-100- suggest that by investing solely into one Taking account of the improvement regeneration-projects area of the city centre, the gap between in economic, physical, social and this and the surrounding disadvantaged environmental elements of the 5. http://www.hullbid.co.uk/ residential areas has been widened, city’s regeneration, the St Stephen’s articles/152 both socially and economically. development has been partially successful. It has given Hull’s economy 6. http://www.britishland.com/~/ The development has undoubtedly a much-needed boost and placed media/Files/B/British-Land/ given Hull city centre a more upmarket it back on the map as a major documents/community_charter. and desirable image. While this is a northern retail destination, thereby pdf. positive outcome on the whole, it also contributing significantly to local has its detrimental effects. For example, economic development. It has also 7. http://www.artscouncil.org.uk/ the row of independent 1960s shops improved beyond recognition the media/uploads/publications/ located on Ferensway, opposite the physical appearance of the Ferensway php2RaYSv.pdf development, had all been vacated by commercial district and set a precedent 2012 due to lack of trade as a direct for the city to follow. result of the scheme. This will have resulted in job losses for local people. Other Interest Areas

THE SUFFOLK SCRIBBLER

The end of an era hoping that his time, if we were lucky, In between times of course I cannot we might actually catch a glimpse of WG ever remember Tim failing to attend The purpose of this piece is to thank Grace. Even so there was no agenda and, a meeting at which his presence was Tim Foster and Colin Bradford, on the for example, the Treasurer never gave a required and he has successfully taken occasion of their “retirement”, for the written report but assured those present on additional tasks, such as editing major contributions they have made that income was being collected, journals, in order to preserve continuity to the wellbeing and status of our sales of memorabilia were going well, and quality. Many thanks Tim. Association. and there was no need to make any changes. Clearly a modern professional Colin Tim association would be unlikely to flourish under such an informal regime and, Singlehandedly Colin has developed In those far off days, before Tim Foster thanks to Tim and his efforts over the the Association’s 2 main publications, and the post of Secretary were invented, years, ACES now has up to date systems the Terrier and Asset into top quality if I remember correctly, it was the of governance in place so that decisions journals that are envied throughout the President who called meetings if there can be taken at the right time and more professional world. For example with were topics to be settled in between importantly recorded correctly and Asset, Colin would transport recording Annual Meetings. The only fixed and progress monitored appropriately. We equipment to meetings, set it up and “formal” meeting was the AM when we have a lot to thank Tim for. monitor its performance, arrange for all turned up at the Lords Cricket Ground transcription, sub-edit the transcripts

62 THE TERRIER - AUTUMN 2014 and then edit the final product, compulsory acquisition work, usually for We were told to sit in the meeting room. arranging for printing and distribution highway purposes, it so happened that At precisely 2 pm more black Granadas to members. At meetings, in between in my authority one of our road schemes arrived and the Ian Paisley party was times, he was also the ACES official brought about the demolition of one of Dr. conducted in. He sat on the opposite photographer and we have all seen, and Paisley’s churches; a clear-cut equivalent side of the table flanked by 2 vicars and envied, numerous example of his quality reinstatement situation. Compensation a minder. Dr. Paisley was affable but the work in ACES journals. principles and the building of a others were unsmiling and watchful. It was replacement church were resolved without soon clear that I was completely wrong We have a lot to thank Colin for both in too much difficulty. Then the great man about Mr Paisley. He was one of the most attaining and in continuing to achieve let it be known that there were “one or two courteous and professional negotiators I high standards in the main journals and loose ends” and he wished to conclude the ever dealt with, and a real gent. related one-off publications. negotiations personally when he was next in Suffolk. First he made it clear that he had come Doctor, the Reverend, Ian to conclude negotiations with me, and Paisley Now this was at the height of “The no one else. He added that he was very Troubles” and arranging a meeting was grateful with how the whole business Sadly, Ian Paisley died recently and not altogether straightforward. A date and had been dealt with, very satisfied with almost without exception the obituary time of 2pm were fixed and later “a civil the new church and looking forward to writers zoomed in on Paisley the “NEVER! servant” telephoned me. “Where exactly an official opening ceremony. But there NEVER! NEVER! Never!” politician. will the meeting take place?” he asked. were a few minor matters that he hoped My memory of him is somewhat “It could take place in my own room,” I we could help with. “Such as?” I asked. different even though we met in the replied, thinking a matter of status could “Well first of all most of my congregation circumstances of an un-concluded be involved. “What sort of room is it?” are elderly and will need help to attend compensation claim which seemed he said and when I mentioned ground services in the new location. My church,” always to offer the celebrity/VIP claimant floor with windows along 2 sides he he confided, “has built many more full licence to behave very badly indeed. made it clear that was totally out of the churches in recent years than anyone so However Dr Paisley resisted this and question. “Is there an internal room with we know a little bit about this. And what conducted himself in a gentlemanly no windows?” “Yes,” I said, “then that’s the we need is another minibus. A second manner throughout and so we were able one.” Other than that I was not expecting hand one will suffice costing probably to conclude the negotiation quickly and to attend the meeting personally. about £3,000. Could the authority fund successfully as I reported in the Winter this?” He stopped. 2003/4 edition of The Terrier: So I forgot all about it until lunchtime on the day of the meeting. Usually I took a My turn. Taking a deep breath I said, Ian Paisley, so it is said, was delivering one lunchtime walk and left the building and “Before agreeing to that I would prefer of his scorching sermons. “In the hell that walked off down the road as usual. After to hear the full list of additional minor awaits the sinner,” he roared, “there will be a few steps a black Granada cruised past matters.” He smiled, and leaning a-weeping and a-wailing and a-gnashing only to do a flashy 3-point turn further on forward touched my arm lightly. “A very of teeth.” An old man in the front row was and cruise back. There were 4 snappily professional approach,” he commended, impressed, scared and a little puzzled. “Dr. dressed young men in it with short “I can see you’ve done this sort of thing Paisley” he mumbled through his ancient haircuts. It would have blended in more before Mr Scribbler” Without further ado gums, “what if you have nae teeth?” The with a flashing neon sign saying “SPECIAL he went through all his additional claims great man paused for only a second. BRANCH” on the roof. “Christ”, I thought, and in no time at all we did a deal, and he, “Teeth,” he thundered, “will be provided”. “This is the day Ian Paisley is due.” Trying and his party were soon on their way. not to draw any attention I hotfooted it Dr. Paisley’s public image is that of an back to the office. About 10 years later, at a loose end uncompromising, obstinate, intolerant, following a foreshortened RICS meeting, hard-line politician. Not the sort of man After a hurried briefing my Valuer said he I was nosing around a second hand you would want to share a pot of Earl Grey wanted me to attend and do the talking bookshop in Charing Cross Road when with. And yet some time ago, a friend, with but he had no idea what the problem was. I realised that a fellow browser was Dr religious inclinations, took the trouble to Those of you who have done compulsory Paisley. He was looking through some go to his church in Belfast to see what it acquisition work will know exactly what dusty ecclesiastical tomes. Should I go was all about at first hand. He reported I thought. It was common practice for all across and introduced myself? To do so back that Dr. Paisley was the most owners and agents to pull any trick in the would mean going across the room and charismatic preacher he had ever heard. book to increase compensation. Those tapping him on the shoulder. Checking with member contacts or even minor out the others in the room I couldn’t spot So when I had my opportunity to meet him celebrity status were by far the worst. which were the minders so thought it best I did not know what to expect. to leave well alone and be on my way. Just before 2pm one of the Granada Four In the days, long, long ago when introduced himself and then began to lurk there were extensive programmes of just inside the entrance to the building. 63 THE TERRIER - AUTUMN 2014 Louis (Satchmo) Armstrong Ory, Big Bill Broonzy, MJQ, Jazz at the a process that normally takes 5 to 6 Philharmonic, Dave Brubeck and so on. minutes. By the time I settled down Were he still alive Satchmo would Magical names, most of which are utterly again I realised the score was now 0-5 have celebrated his 100th birthday in confusing my spell checker, so I’ll leave (Klose 23 minutes, Kroos 24 and 26 September so by way of a reminder it there, except for one more; the great minutes, Khedira 29 minutes). you might wish to re-read the following Satchmo himself. piece that was first published in the I stuck with the half time summaries, if Spring 2003 edition of The Terrier: When we heard he was coming we booked only to find out what was going on, and early, and on the night, got there early. then went back to the kitchen to pour a If you’ve read the Sheffield papers yet you I was on stage, on the front row, next to glass of red wine; yes you’ve guessed on will remember the Sheffield City Centre the right hand lion. I can’t remember the my return the score was 0-6 (Schuerrle Regeneration piece by Alison Nimmo and supporting band at all but the tension 69 minutes). Carolyn Kenny. The City Hall was featured. built as they went through their set. “We are trying to find creative ways to After the interval the All Stars came on By now I was determined not to move unlock the value of The City Hall … to stage one by one and then Satchmo was until the final whistle but on making an regenerate it and the surrounding streets, announced. He came out on to the stage ill judged and overly exuberant hand and develop these into a new square.” I and stood in between the lions saluting gesture the tip of one finger caught the wish them well. the crowd with arms outstretched one rim of my wine glass on the coffee table, hand clutching his trademark white projecting its contents across the light 45 years ago, when I was a regular patron handkerchief and the other the golden biscuit coloured fitted carpet. The score the City Hall was a top concert venue. trumpet. His roar of greeting was drowned became 0-7 (Schuerrle 79 minutes), The building is circular in plan with a by the roar of the crowd. He was about while I had my head stuck under the big open stage area capable of taking 6 foot in front of me and I could see him, coffee table trying desperately to the biggest orchestra. Behind this is a or at least his back, clearly. Although a minimise some of the damage. tiered bank of seats, a bit like the Albert musical giant he was in reality quite small. Hall, capable of seating massed choirs, He had obviously been briefed on the I did see the score become 1-7 (Oscar 90 so that, for example, Handel’s Messiah customers on the stage and didn’t want to minutes) but by then was passed caring. could be staged comfortably, as it often ignore us. He took a couple of steps to the was. If these seats were not needed for the right and turned round to face us. He was Wat Tyler’s mate performance they were made available right in front of me. He looked me in the cheaply to customers and provided an eye, smiled, and with outstretched arms In the Spring 2012 issue of The Terrier uncomfortable, unusual, but if you got again roared his greeting straight at me. I there was an explanatory biographical there early enough, exciting viewpoint. don’t think I stopped smiling for weeks. piece on Wat Tyler to mark an Eastern Performers accessed the stage area up a Branch outing to Wat Tyler Country flight of stairs that emerged centre stage Brazil 1 Germany 7 Park in Basildon. Sadly I failed to level with the front row of stage seats. The mention Wat’s mate John Ball, the exit was guarded on both sides by large It is said that everybody knows where subversive “hedge priest” whose radical lions, which stared sombrely out at the they were when England won the World interpretation of the Bible dovetailed audience. Cup Final in 1966. I don’t as my 1966 with Wat Tyler and the so-called diary is silent on that date and the days “peasant’s revolt” in 1381, bringing At school we had an enthusiastic jazz before and after, as is my memory. England to the brink of revolution. club and band. The time came when we (No I don’t know what hedge priest felt old enough to go and see our jazz However I will always remember where I means either; nor why Melvyn Bragg heroes at live concerts. There was plenty was when South American football was keeps banging on about the “so-called of public transport and venues. The first eventually exposed and humiliated on 8 peasant’s revolt.”) band I saw was Chris Barber and his Jazz July 2014. I was at home! Band at, in fact, the Gaumont Doncaster. John Ball is one of the forgotten heroes I could give you the line up now but will I didn’t watch the interminable of English history: a radical who was so forgo that pleasure. Doncaster was a little preliminaries on TV where every Glen, subversive he was written out of history far afield but fortuitously, at about that Dick and Harry are invited to give their for centuries. He trained as a priest in time, the Musician’s Union lifted its ban views, but just switched on for the kick- Colchester, a place that “swarmed with on American live music and The City Hall off. After a tentative opening 10 minutes, religious battles” and young chaplains became a principal venue on the visiting on the basis that little happens in the with a reputation for “gambling and Jazz Stars circuit. first half friendlies, I decided to clear the drunkenness”. But boozy priests were dining table of used items. I returned the least of England’s worries. Ball was Perversely the first jazz band I saw at from the kitchen only to discover the preaching to a country broken by death Sheffield was Humphrey Lyttleton and score was 0-1 (Mueller 11 minutes). and taxes. The plague years of the Black his Band. After that I saw every touring Death were followed by the war years – American jazz star. Count Basie, Duke Ten minutes later I was back in the which somebody (the peasants) had to Ellington, Earl Hines, Eddie Condon, Kid kitchen making a quick cup of tea, pay for.

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C895_Update to ACES advert_v01.indd 1 3/14/2014 9:05:27 AM By 1364, the church had had enough and Ball was excommunicated and forbidden to speak in any church. So he took to hanging out in churchyards, speaking to parishioners in English, the language of the commoners, and not the French of the courts or the Latin of the clergy. He continued living as an outlaw whose arguments were so threatening to the status quo that the then Archbishop of Canterbury, Simon of Sudbury, had to call on Edward III in his next bid to silence him and eventually he was thrown into prison.

By 1381 Wat Tyler had emerged as a people’s leader for the Kentish Rebels, freed the imprisoned Ball and together they marched on London to protest against the poll taxes. However Ball was soon back in the hands of authority and was gruesomely put to death by being hung until he was nearly dead, then cut down while he was still breathing and disemboweled with just enough life left in him to see his entrails burned before him. He was then executed, presumably with the words “He’s not the Messiah, he’s a very naughty boy,” ringing in his ears and promptly written out of history books for many centuries to come.

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